MOHAMED REDZUAN BIN MOHD KHALID

MOHAMED REDZUAN BIN MOHD KHALID

Court accepted the accused's voluntary guilty plea and the prosecution facts as proving the offence under s.376B(1); given the repeated and serious nature of sexual offences against the accused's stepdaughter, public interest and deterrence outweighed mitigation, and because the offences in the two cases occurred on different dates and were not a single transaction the court ordered consecutive imprisonment; the appropriate sentence was 12 years imprisonment and 3 strokes, to run consecutively to the 15-year sentence in JA-62JS-21-10/2023.

Citation
JA-62JSK-157-10/2023 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MOHAMED REDZUAN BIN MOHD KHALID
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 February 2024
Case Number
JA-62JSK-157-10/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Accused convicted and sentenced
Legal Topics
Rape, Incest (sumbang Mahram), Sentencing, Consecutive Sentences, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Sexual Offences Family Law Rape Incest (sumbang Mahram) Sentencing Consecutive Sentences Mitigation and Aggravation

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

MOHAMED REDZUAN BIN MOHD KHALID

Defendant

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether accused committed rape under s.376B(1) Kanun Keseksaan
  2. 2 Appropriate quantum of sentence and whether sentence should run consecutively or concurrently
  3. 3 Weight to be given to guilty plea as mitigation

Ratio Decidendi

Court accepted the accused's voluntary guilty plea and the prosecution facts as proving the offence under s.376B(1); given the repeated and serious nature of sexual offences against the accused's stepdaughter, public interest and deterrence outweighed mitigation, and because the offences in the two cases occurred on different dates and were not a single transaction the court ordered consecutive imprisonment; the appropriate sentence was 12 years imprisonment and 3 strokes, to run consecutively to the 15-year sentence in JA-62JS-21-10/2023.

Court Disposition

Accused convicted and sentenced

Orders

  • 12 years imprisonment and 3 strokes of the rotan
  • Imprisonment to run consecutively after sentence in JA-62JS-21-10/2023 (15 years and 5 strokes)