NORASHAIKIN BIN NASIR [ ]

NORASHAIKIN BIN NASIR [ ]

The High Court held the trial judge had properly considered all relevant factors (mitigation, prosecution submissions, public interest, statutory provisions and facts) and that the sentence of 15 years' imprisonment and one stroke of the rotan is within the scope of Section 376(1) and appropriate; appeal against sentence dismissed except that the court ordered the appellant's other sentence to run concurrently due to age, health and apparent drug influence on the offence.

Citation
DA-42JSKH-1-04/2022 (Mahkamah Tinggi)
Parties
Appellant: Norashaikin bin Nasir; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 February 2023
Case Number
DA-42JSKH-1-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rape Under Section 376(1) Kanun Keseksaan) / High Court Appeal Judgment
Outcome
Appeal dismissed in part; sentence affirmed; concurrent order granted for the other sentence
Legal Topics
Rape, Incest (sumbang Mahram), Mitigation Via Plea of Guilty, Sentencing Discretion, Concurrent Sentences
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Rape Incest (sumbang Mahram) Mitigation Via Plea of Guilty Sentencing Discretion Concurrent Sentences

Case Brief

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Parties

Norashaikin bin Nasir

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (rape Under Section 376(1) Kanun Keseksaan) / High Court Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge considered mitigation, prosecution submissions, statutory provisions, public interest and whole case before sentencing
  2. 2 Whether the sentence imposed was excessive

Ratio Decidendi

The High Court held the trial judge had properly considered all relevant factors (mitigation, prosecution submissions, public interest, statutory provisions and facts) and that the sentence of 15 years' imprisonment and one stroke of the rotan is within the scope of Section 376(1) and appropriate; appeal against sentence dismissed except that the court ordered the appellant's other sentence to run concurrently due to age, health and apparent drug influence on the offence.

Court Disposition

Appeal dismissed in part; sentence affirmed; concurrent order granted for the other sentence

Orders

  • Appeal against sentence dismissed
  • Sentence of 15 years' imprisonment from 27.3.2022 and one stroke of the rotan affirmed