The Court of Appeal has upheld a Sessions Court decision in the case of a self-employed man who was convicted of raping and sexually assaulting his 10-year-old daughter. The man, aged 45, appealed to the court to clarify whether his jail sentences should be served concurrently or consecutively.
The three-member bench of the Court of Appeal, comprising Justices Datuk Hadhariah Syed Ismail, Datuk M. Gunalan, and Datuk Dr Choo Kah Sing, ruled in favor of the Sessions Court decision. The bench ordered the man to serve concurrent jail sentences from October 13 of last year, which was the date of his arrest.
Last year, the man pleaded guilty to one count of rape and two counts of physical sexual assault against his daughter. For the rape charge, he was sentenced to 12 years in jail and 12 strokes of the cane. For the two counts of physical assault, he received two separate sentences of 10 years imprisonment and four strokes of the cane, and 10 years and five strokes of the cane, respectively.
Justice Hadhariah addressed the man in court, stating, “You are very lucky. The offenses you committed are very serious. The Sessions Court wanted to sentence you to 22 years’ imprisonment and 21 strokes of the cane, but due to a technical error, you are given a 12-year jail term and 21 strokes of the cane.”
Deputy Public Prosecutor Aida Khairuleen Azli confirmed that the Sessions Court judge had ordered that all jail sentences were to begin from the date of arrest. Justice Hadhariah explained that this meant the jail sentences for the three offenses were to run concurrently, resulting in the man serving only 12 years in jail.
Sessions Court judge Norakhmar Mohd Sani initially stated that the jail sentences for the three offenses were to commence from the date of arrest. However, she later wrote to the High Court admitting a mistake and requesting a revision of the case. The judge intended the man to serve 22 years in jail from the date of his arrest, with the sentence for the rape offense to be served consecutively with the jail sentences for the physical sexual assault offenses.
On January 19 of this year, the High Court dismissed the revision application, stating that there was no illegality in the jail sentences. The man then filed an appeal to the Court of Appeal to clarify whether the jail sentences should be served concurrently or consecutively.
The offenses were committed against the man’s 10-year-old daughter at a house in Jerantut, Pahang, in July and October of last year. In addition to the jail sentences, the Sessions Court also ordered the man to undergo counseling for two years while in detention. – Bernama
Credit: The Star : News Feed
