SAFUAN SAFRI BIN SAIFULBAHRI

SAFUAN SAFRI BIN SAIFULBAHRI

Appeal dismissed. The High Court held the Sessions Court did not misapply sentencing principles: the offences were committed at different times against different victims so consecutive sentences were lawful; the totality and one-transaction considerations were properly applied and there was no demonstrated crushing effect meriting interference; therefore the sentences imposed by the Sessions Court are upheld.

Citation
BA-42H-24-10/2023 (Mahkamah Tinggi)
Parties
Perayu/appellant: SAFUAN SAFRI BIN SAIFULBAHRI; Responden/respondent: PENDAKWA RAYA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2024
Case Number
BA-42H-24-10/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal to High Court Judgment on Sentence Appeal
Outcome
Appeal dismissed; sentencing by Sessions Court upheld
Legal Topics
Sexual Assault, Rape/unnatural Intercourse, Sentencing, Consecutive Sentences, Totality Principle, One Transaction Rule, Crushing Effect
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Law Child Protection Sexual Assault Rape/unnatural Intercourse Sentencing Consecutive Sentences +3 more

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Parties

SAFUAN SAFRI BIN SAIFULBAHRI

Perayu/appellant

PENDAKWA RAYA

Responden/respondent

Procedural Posture

Criminal Appeal / Appeal to High Court Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether the Sessions Court failed to consider mitigation including first offender status
  3. 3 Whether consecutive sentences were lawful in the facts of the case

Ratio Decidendi

Appeal dismissed. The High Court held the Sessions Court did not misapply sentencing principles: the offences were committed at different times against different victims so consecutive sentences were lawful; the totality and one-transaction considerations were properly applied and there was no demonstrated crushing effect meriting interference; therefore the sentences imposed by the Sessions Court are upheld.

Court Disposition

Appeal dismissed; sentencing by Sessions Court upheld

Orders

  • Appeal dismissed
  • Sentences imposed by the Sessions Court are upheld: for the offences in BD-62JS-6-09/2021 and BD-62JS-7-09/2021 imprisonment of 6 years and 2 strokes each to run concurrently as ordered by the Sessions Court