MOHD ANUAR BIN KASSIM

MOHD ANUAR BIN KASSIM

The High Court dismissed the appeal and affirmed the trial court's consecutive sentences because the trial judge applied correct legal principles under s.292 CPC and binding authorities. The gravity of sexual assaults on minors, the betrayal of parental trust, and the need to protect the public outweigh the mitigating factors and early plea; therefore the guilty plea did not justify concurrent service or lesser punishment and the consecutive 20-year terms with 12 strokes each were upheld.

Citation
JB-42H-7-08/2020 (Mahkamah Tinggi)
Parties
Appellant/accused: Mohd Anuar bin Kassim; Respondent: Pendakwa Raya (Public Prosecutor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 December 2020
Case Number
JB-42H-7-08/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Appeal Against Sentence and Ordering of Concurrent/consecutive Imprisonment
Outcome
Appeal dismissed; convictions and sentences upheld
Legal Topics
Rape of Minors, Incest, Sentencing — Concurrent Vs Consecutive, Section 292 Criminal Procedure, Mitigation and Guilty Plea Weight
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sentencing Law Rape of Minors Incest Sentencing — Concurrent Vs Consecutive Section 292 Criminal Procedure +1 more

Case Brief

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Parties

Mohd Anuar bin Kassim

Appellant/accused

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal Against Sentence and Ordering of Concurrent/consecutive Imprisonment

Legal Issues

  1. 1 Whether the sentences imposed should run concurrently or consecutively
  2. 2 Whether greater weight should be accorded to the appellant's guilty plea and mitigation
  3. 3 Whether the trial court applied correct sentencing principles under s.292 CPC and relevant authorities

Ratio Decidendi

The High Court dismissed the appeal and affirmed the trial court's consecutive sentences because the trial judge applied correct legal principles under s.292 CPC and binding authorities. The gravity of sexual assaults on minors, the betrayal of parental trust, and the need to protect the public outweigh the mitigating factors and early plea; therefore the guilty plea did not justify concurrent service or lesser punishment and the consecutive 20-year terms with 12 strokes each were upheld.

Court Disposition

Appeal dismissed; convictions and sentences upheld

Orders

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