PENDAKWARAYA Osman bin Maimon

PENDAKWARAYA Osman bin Maimon

High Court held imprisonment of 10 years on each count (minimum under section 376B(1)) to run consecutively was not manifestly excessive given distinct offences, victim's age and resulting childbirth; whipping was excessive in number given appellant's age and cumulative imprisonment and was reduced from 10 strokes per count to 3 strokes per count; appellate court may impose police supervision for 3 years and rehabilitative counselling under CPC to fill omission by trial court.

Citation
AB-42JSKS-4-05/2019 (Mahkamah Tinggi)
Parties
Appellant: Osman bin Maimon; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 October 2019
Case Number
AB-42JSKS-4-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence (high Court)
Outcome
Appeal allowed in part; imprisonment sentences affirmed and consecutive; whipping reduced; additional supervisory and rehabilitative orders made
Legal Topics
Incest, Child Sexual Abuse, Sentence Consecutivity, Whipping, Victim Impact Statement, Police Supervision, Rehabilitative Counselling
Source Language
Malay/English
Criminal Law Sentencing Sexual Offences Family Law Criminal Procedure Incest Child Sexual Abuse Sentence Consecutivity +4 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 6 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Osman bin Maimon

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (high Court)

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether consecutive sentences for separate incidents were appropriate
  3. 3 Whether the number of strokes of whipping was excessive and should be reduced

Ratio Decidendi

High Court held imprisonment of 10 years on each count (minimum under section 376B(1)) to run consecutively was not manifestly excessive given distinct offences, victim's age and resulting childbirth; whipping was excessive in number given appellant's age and cumulative imprisonment and was reduced from 10 strokes per count to 3 strokes per count; appellate court may impose police supervision for 3 years and rehabilitative counselling under CPC to fill omission by trial court.

Court Disposition

Appeal allowed in part; imprisonment sentences affirmed and consecutive; whipping reduced; additional supervisory and rehabilitative orders made

Orders

  • Affirmed imprisonment of 10 years for each charge to run consecutively (total 20 years) with first sentence to take effect from date of arrest and second to commence on expiration of the first
  • Reduced whipping to 3 strokes for each charge (total 6 strokes)