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Judicial CP - April 2003
The Star, Kuala Lumpur, 12 April 2003
Cabby jailed 15 years raping daughter
By M. Mageswari
PETALING JAYA: A taxi driver, who repeatedly denied "doing anything" to his daughter, was jailed 15 years and ordered to be whipped seven times by a Sessions Court for raping her.
The 46-year-old man, who was unrepresented throughout the trial, had initially claimed that he did not know how to mitigate because he had not committed the crime.
A court interpreter, however, explained to him that the court had found him guilty and that he had to plead for a lighter sentence.
The court was adjourned briefly.
The man, choking back tears, then mitigated by saying that he had four children, two of whom were still schooling.
He also has to take care of his aged mother.
"I apologise to you, madam, as I do not understand this (how to plea). I can say that spending my days in prison and going through this ordeal has caused me great regret.
"I still have responsibilities and wish to be a good person in future. I beg for a lesser sentence," he said.
On Nov 1, 2001, the accused had claimed trial to raping his 15-year-old daughter at their house in Kota Damansara at 5.30pm in early September that year.
On Jan 14 this year, the court ordered the accused to enter his defence. He gave his evidence from the dock.
In delivering her decision yesterday, judge Wan Afrah Wan Ibrahim said she found that the accused had failed to raise a reasonable doubt against the prosecution's case.
She said she found him guilty, adding that she had to impose a sentence which took into account the public's interest.
"As a father, you should protect and guide your daughter but instead you have betrayed the trust of your own daughter by acting ruthlessly on her," Wan Afrah said.
She ordered the accused to serve his jail term effective from the date of his arrest on Oct 23, 2001.
Earlier, DPP Salim Soib asked the court to impose a deterrent sentence, saying the accused had raped his underaged daughter who had been mentally distressed.
He told the court: "You have even heard the evidence given by the victim whose future was spoilt due to her father's action.
The victim had to suffer the misery due to her father's irresponsible act.
"The court should send a strong message to the public that it will not tolerate such people by imposing a deterrent sentence on them. This is because it is badly affecting the family institution.
"I ask for the accused to be jailed for 20 years. It will also be appropriate if the accused can be caned 20 times as Section 288(1) of the Criminal Procedure Code allows an offender to be whipped up to 24 times," DPP Salim said.
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New Sabah Times, Kota Kinabalu, 15 April 2003
More foreigners jailed, caned for immigration violations
KOTA KINABALU: Eighteen foreigners learned a hard lesson for entering the country illegally when they were put behind bars a total of 90 months by the Sessions Court yesterday.
Judge Ravinthran N. Paramaguru sentenced nine men aged between 20 to 35 to four months' jail and a stroke of the cane each.
Meanwhile judge Caroline Bee Majanil sentenced eight men aged between 18 to 43 to six months jail and a stroke of the cane each. A 17-year-old was released with a warning.
All of them were arrested between April 3 to 8 along Jalan Tuaran Lama, at a low-cost housing area in Kepayan, Kota Kinabalu police station, Taman Austral in Kepayan, Kampung Lembaga Padi Lama in Inanam and Karamunsing police station.
They were charged under Section 6 (1) (c ) of the Immigration Act 1956/63 (Amended 2002) which carries a jail term of up to five years, a fine not exceeding RM10, 000 and liable up to six strokes of the cane upon conviction.
In the same court, another two foreigners were jailed a total of five months for overstaying in the country.
Yudin bin Laodon, 24 and Lania bin Lamea, 24, both Indonesians, were arrested at 10.35am on April 6 at the Kota Kinabalu police station.
Both of them had been issued a social visit pass which expired on Jan 3 for Yudin and Feb 3 for Lania but failed to renew them.
They were charged under Section 15 (1) (c) of the same Act.
Judge Ravinthran sentenced Yudin to two months' jail while Lania received three months' jail.
Chief Insp. Abdul Rahman Atan and ASP Bernard Leo prosecuted.
Copyright © 1999-2000 New Sabah Times. All Rights Reserved.
Utusan Express, Kuala Lumpur, 18 April 2003
Trio get jail, whipping for firearms possession
SEREMBAN April 17 - Three men were sentenced to 10 years' jail and ordered to be given six strokes of the rotan each by the Sessions Court here Thursday for possessing a revolver in December 2000.
Judge Supiah Meon, in her judgment, said she was imposing the penalty after taking into account the interest and safety of the public as they have committed a serious offence.
She said the court also considered their previous convictions.
M. Ramaya, 22, and his two friends S. Anvalagan, 33, and S. Uthaya Soorian, 19, both brothers, were each sentenced to 10 years' jail and ordered to be whipped six times after they were found guilty of possessing .38 Special Taurus revolver at Km4, Jalan Labu at 12.45 pm on Dec 28, 2000.
They were charged under Section 8 of the Firearms Act (Increased Penalties), which carries 14 years' imprisonment and not less than six strokes of the rotan, upon conviction.
Anvalagan and Uthaya Soorian were charged under Section 9 of the Firearms Act (Increased Penalties) 1971 read together with Section 34 of the Penal Code, which carries 14 years' jail and six strokes of the cane, if convicted.
Ramaya, Anvalagan and Uthaya Soorian were sentenced to six years' jail and ordered to be whipped three times each for jointly robbing a Mercedes Benz E230, a Motorola handphone and a bunch of keys from Ong Beng Wah by pointing a .38 Special Taurus revolver at 12.30 pm in front of a house at Lot 224/27 in Tanjung Gemuk, Port Dickson on Dec 28, 2000.
They were charged under Section 392 of the Penal Code read together with Section 397 and Section 34 of the same code, which carries up to 10 years' jail and fine and whipping, upon conviction.
Ramaya was also sentenced to four years' jail for having six rounds of ammunition without a firearms licence or a valid permit at Km4, Jalan Labu at 12.45 pm on Dec 28, 2000.
He is charged with committing the offence under Section 4 of the Firearms Act 1960 (to be sentenced under Section 8 (a) of the same Act), which provides for seven years' jail or fine not exceeding RM10,000 or both, upon conviction.
Supiah ordered the sentence of the three accused to take effect concurrently from the date of their arrest on Dec 28, 2000.
She also ordered the court exhibits to be handed over to the prosecution for further action.
ASP Jamal Abas prosecuted, while Ramaya was represented by Amrit Singh and Christina Jacob appeared for Anvalagan and Uthaya Soorian.
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New Sabah Times, Kota Kinabalu, 23 April 2003
More illegal immigrants jailed and whipped
KOTA KINABALU: Six illegal immigrants including two women have to serve a total of 36 months in prison after they admitted to entering the state illegally.
Besides getting a six-month-jail term each, the four men also received a stroke of the rotan when they were brought to the Sessions Court yesterday.
In the dock were Long bin Sabaudin, 24, Glalib bin Jamjani, 33 and Marian binti Buisan, 30, who were arrested at 6.40pm on April 16 at 6.40pm around the area of Kampung Air while Nani Alsibar bin Abbarani, 24 was arrested in front of Cathay Café Along Beach Street.
Mahmud bin Saidin, 20 and Tanti binti Sarip Rosdi, 19, were both arrested separately at 4pm on April 18 in front of Wisma Bandaraya and at 8.05pm on April 20 in front of the Karamunsing police station respectively.
Prosecuting Officer, Chief Insp. Abdul Rahman Atan told the court that all of them failed to produce any valid pass during inspections.
Judge Caroline Bee Majanil sentenced Long, Glalib, Nani and Mahmud to six months' imprisonment and a stroke of the cane each while Marian and Tanti were both sentenced to six months' jail.
They were all charged under Section 6 (1) (C) of the Immigration Act 1959/63 (Amended 2002) which provides imprisonment up to five years, a fine not exceeding RM10, 000 and liable up to six strokes of the cane upon conviction.
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