[ ] ASHLEY ROLAND ROBERN

[ ] ASHLEY ROLAND ROBERN

The Sessions Court's sentence of 5 years per count was inadequate given the defendant raped a 15-year-old victim on three separate occasions; applying principles of proportionality, denunciation and public interest, the High Court increased the custodial term to 7 years imprisonment for each count to run concurrently while maintaining one stroke of the cane per count.

Citation
BL-42JSKH-6-02/2022 (Mahkamah Tinggi)
Parties
Appellant: Pendakwa Raya; Respondent: Ashley Roland Robern
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 July 2022
Case Number
BL-42JSKH-6-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sentencing) / High Court Appeal Determination on Sentence
Outcome
Appeal by the Public Prosecutor allowed; cross-appeal by the accused dismissed.
Legal Topics
Rape of Minor, Sentencing Principles, Proportionality, Public Interest
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Rape of Minor Sentencing Principles Proportionality Public Interest

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Appellant

Ashley Roland Robern

Respondent

Procedural Posture

Criminal Appeal (sentencing) / High Court Appeal Determination on Sentence

Legal Issues

  1. 1 Whether the sentence of 5 years imprisonment with one stroke per count was manifestly inadequate for rape of a 15-year-old victim
  2. 2 Appropriate quantum of sentence for multiple counts of rape on the same victim
  3. 3 Application of sentencing principles including proportionality, antecedents and public interest

Ratio Decidendi

The Sessions Court's sentence of 5 years per count was inadequate given the defendant raped a 15-year-old victim on three separate occasions; applying principles of proportionality, denunciation and public interest, the High Court increased the custodial term to 7 years imprisonment for each count to run concurrently while maintaining one stroke of the cane per count.

Court Disposition

Appeal by the Public Prosecutor allowed; cross-appeal by the accused dismissed.

Orders

  • Original sentence of 5 years imprisonment per count increased to 7 years imprisonment per count
  • All sentences to run concurrently from date of conviction