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THE Court of Appeal has reinstated a 19-year prison sentence and 19 strokes of the cane for a man convicted of raping and sexually assaulting his younger sister, who was 11 years old at the time.
This decision overturns a High Court ruling that had significantly reduced the initial sentence.
A three-judge panel, led by Justice Datuk Hashim Hamzah, allowed the prosecution's appeal, setting aside the High Court's decision to reduce the sentence to nine years in prison and seven strokes of the cane.
The other presiding judges were Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin.
The accused, who was 17 at the time of the initial offence, had pleaded guilty in the Sessions Court to raping his sister at a flat in Jalan Ipoh, Kuala Lumpur, between 2018 and 2019. He also pleaded guilty to a second charge of sexual assault against the victim on June 12, 2021, at the same location, when he was 20 years old.
In January 2022, the Sessions Court sentenced him to eight years in prison and 10 strokes of the cane for the rape, with an additional two years in prison and two strokes of the cane under Section 16(1) of the Sexual Offences Against Children Act 2017.
For the 2021 sexual assault, he was sentenced to eight years in prison and five strokes of the cane, along with an additional one year in prison and two strokes of the cane under the same Act.
The court ordered all sentences to run consecutively, totalling 19 years in prison and 19 strokes of the cane.
The accused was also ordered to undergo counselling during his imprisonment and be under police supervision for two years after his release.
However, in September 2022, the High Court reduced the sentence for the rape charge from eight years to five years and set aside the caning and additional punishment under Section 16(1) of the Act. The High Court maintained the sentence for the sexual assault but ordered both sentences to run concurrently, resulting in an overall sentence of nine years in prison and seven strokes of the cane.
During today's proceedings, Deputy Public Prosecutor Tengku Shahrizam Tuan Lah argued that the High Court's sentence for the rape offence was insufficient, noting that Section 376(3) of the Penal Code carries a maximum penalty of 30 years in prison and a minimum of 10 strokes of the cane.
He contended that the High Court judge erred by not considering the seriousness of the crime, which involved a sibling relationship.
Meanwhile, lawyer Khor Boon How, representing the accused, requested the court to uphold the High Court's sentence, arguing that his client was underage when the crime was committed.
He stated that reinstating the original Sessions Court sentence would jeopardise his client's opportunity to lead a contributing life in society at a young age. - July 11, 2025
