Mansor Bin Endut [ ]

Mansor Bin Endut [ ]

The Court of Appeal found no substantial or compelling reason to disturb the sentences: the three offences included a distinct third offence justifying consecutive sentencing, the seriousness and aggravating factors (father raping his 16-year-old daughter) outweigh mitigation, and the overall 40-year aggregate sentence plus SOACA 2017 orders is not manifestly excessive or wrong in principle.

Citation
B-09(H)-203-05/2022 (Mahkamah Rayuan)
Parties
Appellant: Mansor bin Endut; Respondent: Public Prosecutor
Court
H
Jurisdiction
Malaysia
Judgment Date
5 January 2024
Case Number
B-09(H)-203-05/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Final Determination by Court of Appeal (sentence Affirmed)
Outcome
Appeal dismissed; sentence of Sessions Court and High Court affirmed by Court of Appeal
Legal Topics
Rape of a Minor, Sentence Appeal, Consecutive Sentencing, Mitigation and Aggravation, Sexual Offences Against Children Act 2017, Section 376 B Penal Code
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Law Appellate Review Rape of a Minor Sentence Appeal Consecutive Sentencing Mitigation and Aggravation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mansor bin Endut

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Final Determination by Court of Appeal (sentence Affirmed)

Legal Issues

  1. 1 Whether the sentences were manifestly excessive or wrong in principle
  2. 2 Whether consecutive sentences were appropriate for distinct offences
  3. 3 Appropriate quantum of sentence for rape of a 16-year-old by her father

Ratio Decidendi

The Court of Appeal found no substantial or compelling reason to disturb the sentences: the three offences included a distinct third offence justifying consecutive sentencing, the seriousness and aggravating factors (father raping his 16-year-old daughter) outweigh mitigation, and the overall 40-year aggregate sentence plus SOACA 2017 orders is not manifestly excessive or wrong in principle.

Court Disposition

Appeal dismissed; sentence of Sessions Court and High Court affirmed by Court of Appeal

Orders

  • Affirmed imprisonment: First amended charge 20 years imprisonment from date of arrest 11/8/2020
  • Second amended charge 20 years imprisonment from date of arrest 11/8/2020 to run concurrently with first