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MALAYSIA
Judicial CP - March 2013



Corpun file 24395 at www.corpun.com

The Borneo Post, Kuching, 7 March 2013

Jail term, caning enhanced for four men for rape of teenage girl

KOTA KINABALU: The High Court here yesterday increased the jail and whipping sentence of four local men who were jointly charged and convicted of raping a teenage girl.

Chief Justice for Sabah and Sarawak, Tan Sri Richard Malanjum, who sat as a High Court judge, enhanced the sentences of Mohd Rizuan Pangawan, 23, Ismail Alim, 23, Md Azain Azman, 21, and Suffian Shah Amat, 22, from five years' jail and one whipping to 15 years' imprisonment and six lashes of the cane each.

Deputy public prosecutor, Raja Zaizul Faridah Raja Zaharuddin had appealed against their earlier sentence as being inadequate.

On July 3, 2012, the four respondents were each jailed five years plus one stroke of the cane each by the lower court after they were found guilty of raping a 14-year-old girl inside a hut at the top of a hill near a village in Menumbok on Sept 21, 2009.

They were all convicted under Section 376 (2) (c) of the Penal Code which carries a jail term of between five years and 30 years and also liable to whipping, upon conviction.

Malanjum ordered all the respondents, who were defended by counsel Rakhbir Singh, to serve their jail terms with effect from yesterday.

Meanwhile on another case, Malanjum ordered a local rubber tapper to be jailed a total of 15 years and given six strokes of the rotan for two charges of raping and molesting.

The court increased the sentence of the 43-year-old uncle, who raped and molested his niece, after allowing an appeal by the prosecution yesterday.

The Sessions Court here had on April 4, 2012, jailed the respondent to nine years jail and three strokes of the cane on the first count of raping the 15-year-old girl inside a car near a bridge close to a village in Beaufort in February, 2011.

He was charged under Section 376 (2) (d) of the Penal Code which carries a maximum 30 years' jail and whipping upon conviction.


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On the second charge of kissing his niece's breasts at the same place in February, 2011, the respondent received another three years' imprisonment.

The offence was framed under Section 354 of the Penal Code which carries a jail term of up to 10 years or with a fine or with whipping upon conviction.

The trial judge then had ordered the respondent, who hails from Beaufort, to serve his jail terms concurrently.

Malanjum, however, enhanced his jail terms to 12 years for the first charge and maintained the three years' imprisonment for the second and that both sentences were to run consecutively.

For initial sentence of three whippings, he added another three strokes of the cane.

Copyright 2010-2013 BorneoPost Online. All Rights Reserved.




Corpun file 24404 at www.corpun.com

The Borneo Post, Kuching, 14 March 2013

Duo get five years' jail, cane for armed robbery


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KOTA KINABALU: The Sessions Court here yesterday sentenced two local men to five years' jail and ordered to be whipped thrice for armed robbery.

High Court Deputy Registrar presiding as Sessions Court Judge Hafizi Abdul Halim imposed the sentence on Shim Chang Nan and Mohd Salleh Tunya, both 19, after they pleaded guilty to committing the offence on Jan 14.

They were charged with using a knife to rob a 24-hour convenience store of RM1,699.50 cash at Jesselton Point around 1am on Jan 14.

Shim and Mohd Salleh were convicted under Section 395/397 of the Penal Code which carries a jail term of up to 20 years and shall also be liable to whipping.

Deputy public prosecutor Chow Siang Kong when stating the facts of the case, told the court that on that day at about 1am, the two accused entered the store while a victim and her friend were behind the counter.

One of the accused persons stood in front of the counter while the other went straight to the cash register and demanded the victim's friend to open the cash register while pointing a knife at the victim's friend.

He (the victim's friend) then handed all the cash to the accused and they both fled the scene after that.

The two victims then called the police hotline and lodged a report.

The two accused were identified by the victims during an identification parade after the police had detained them.

Meanwhile, Shim was also charged with robbing a hotel at Asia City of RM4,630 cash about 12.30am on Jan 8, for which he received another five years' jail term and ordered to be whipped thrice.

In pleading for a lenient sentence, Shim requested for his sentences to run concurrently as he has a future and ambition as well as an unemployed father in Tawau that he wishes to see.

Mohd Salleh pleaded for a lighter sentence because he has no parents and admitted that he regretted his actions.

However, Chow pressed for a deterrent sentence as the offence was rampant and also for public safety and interest.

He also disclosed that the money stolen was not recovered and that the crime was committed using a dangerous weapon.

He also asked that Shim's sentences to run consecutively as both of Shim's offences were unrelated, in terms of proximity, time and place.

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