A man convicted of repeated sexual abuse against his younger sister is now required to serve the full 19-year jail term originally imposed, following a ruling by the Court of Appeal. The appellate court also upheld the order for 19 strokes of the rotan and directed that the sentences for rape and sexual assault be carried out consecutively.
This decision overturned an earlier High Court ruling that had reduced the jail term for rape to five years, citing the offender’s age at the time the crime was committed. The appellate bench, led by Justice Hashim Hamzah and supported by Justices Zaini Mazlan and Noorin Badaruddin, determined that the original Sessions Court sentence had been appropriate given the gravity of the offences.
The crimes were said to have occurred at a residence in Kuala Lumpur over several years, beginning in 2018 when the victim was 11. The abuse continued until 2021, by which time she was 14. The victim later disclosed the ordeal after being placed in the care of her aunt following her parents’ separation. This led to the filing of police reports and subsequent charges being brought against the accused in 2021.
Although the Sessions Court had initially sentenced the man to 10 years in prison with 12 strokes for rape and an additional nine years with seven strokes for sexual assault, the High Court had ordered the terms to run concurrently. That decision had effectively reduced his time in prison to nine years.
During the appeal, the prosecution argued that the High Court had erred in treating the rape sentence under the Child Act and had failed to reflect the seriousness of the repeated abuse. It was also highlighted that the cumulative effect of the crimes warranted stronger deterrence and accountability.
The Court of Appeal agreed with the prosecution, restoring both the severity and sequence of the punishments. While the defence had urged the court to maintain the earlier reduction based on the accused’s guilty plea and his age at the time of the offences, the court emphasized the impact on the victim and the need for justice to be served in full.
The ruling reinforces judicial intolerance for sexual crimes involving minors, particularly within family environments, and affirms that age alone cannot be a shield from full legal consequences in such cases.
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