Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Rape of minors

  • 31 Mar 2023

    MUHAMMAD AFFIQ BIN MUHAMAD SHARIF

    Citation
    WA-42JSKH-7-07/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42JSKH-7-07/2022 (Mahkamah Tinggi)

    The Court dismissed the appeal and affirmed the Sessions Court sentences because the sentencing judge properly balanced public interest and the appellant's mitigation; the offences involved children (including a sibling), planning and repeat offending warranted deterrent, largely consecutive (or separate) sentences for distinct offences were justified, the guilty plea was considered but insufficient to materially reduce sentences given aggravating factors, and the total corporal punishment must be capped at the statutory maximum of 24 strokes under applicable procedure law.

  • 24 Dec 2020

    MOHD ANUAR BIN KASSIM

    Citation
    JB-42H-7-08/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42H-7-08/2020 (Mahkamah Tinggi)

    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.