MOHD ANUAR BIN KASSIM

MOHD ANUAR BIN KASSIM

Appellate court held the trial judge correctly exercised the discretion under s.292 CPC to order consecutive sentences given the gravity of the offences (rape of minors including appellant's daughter), breach of parental trust, and public interest; mitigation did not outweigh factors justifying consecutive 20-year...

Source-derived case information.

Citation
JB-42H-8-8/2020 (Mahkamah Tinggi)
Parties
Appellant: Mohd Anuar bin Kassim; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 December 2020
Case Number
JB-42H-8-8/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Rape, Incest, Sentence Concurrency, Plea Mitigation, Section 292 Criminal Procedure Code, Section 376 Penal Code
Criminal Law Sexual Offences Child Protection Sentencing Law Rape Incest Sentence Concurrency Plea Mitigation +2 more

Source-derived case record

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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohd Anuar bin Kassim

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences may run concurrently or consecutively under s.292 CPC
  2. 2 Whether greater weight should be accorded to the appellant's plea of guilt and mitigation
  3. 3 Whether the trial court applied correct legal principles and exercised sentencing discretion properly

Ratio Decidendi

Appellate court held the trial judge correctly exercised the discretion under s.292 CPC to order consecutive sentences given the gravity of the offences (rape of minors including appellant's daughter), breach of parental trust, and public interest; mitigation did not outweigh factors justifying consecutive 20-year terms and 12 strokes each so appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Sentences of 20 years' imprisonment and 12 strokes for each conviction are upheld