Mohd Fakhruddin bin Abdullah

Mohd Fakhruddin bin Abdullah

The High Court held that while the individual sentences of 20 years imprisonment and 10 strokes per count were lawful and retained, the imposed terms of imprisonment were excessive if ordered to run consecutively; applying the one transaction rule and totality principle (proximity of time/place, continuity of action and purpose, same victim) the Court ordered the two 20‑year terms to run concurrently, upheld the total caning of 20 strokes (10 per count) and directed imprisonment to commence from the date of arrest in accordance with s.282(d) CPC.

Citation
KA-42S-22-11/2018 (Mahkamah Tinggi)
Parties
Appellant/perayu: Mohd Fakhruddin bin Abdullah; Respondent/responden: Pendakwa Raya (Public Prosecutor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 September 2021
Case Number
KA-42S-22-11/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal
Outcome
Appeal allowed in part: custodial sentences ordered to run concurrently; custodial durations and caning otherwise upheld.
Legal Topics
Rape, Concurrency of Sentences, Totality Principle, One Transaction Rule, Caning (whipping), Commencement of Sentence
Source Language
Malay/English
Criminal Law Sentencing Law Sexual Offences Criminal Procedure Rape Concurrency of Sentences Totality Principle One Transaction Rule +2 more

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Parties

Mohd Fakhruddin bin Abdullah

Appellant/perayu

Pendakwa Raya (Public Prosecutor)

Respondent/responden

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether consecutive or concurrent imprisonment was appropriate for two rape convictions under s.376(3)
  2. 2 Whether original sentencing was manifestly excessive or inappropriate
  3. 3 Application of the one transaction rule and totality principle to multiple offences against the same victim

Ratio Decidendi

The High Court held that while the individual sentences of 20 years imprisonment and 10 strokes per count were lawful and retained, the imposed terms of imprisonment were excessive if ordered to run consecutively; applying the one transaction rule and totality principle (proximity of time/place, continuity of action and purpose, same victim) the Court ordered the two 20‑year terms to run concurrently, upheld the total caning of 20 strokes (10 per count) and directed imprisonment to commence from the date of arrest in accordance with s.282(d) CPC.

Court Disposition

Appeal allowed in part: custodial sentences ordered to run concurrently; custodial durations and caning otherwise upheld.

Orders

  • Each conviction: 20 years imprisonment and 10 strokes (per count) upheld
  • Imprisonment terms ordered to run concurrently (cumulative effective imprisonment 20 years)