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Judicial CP - August 2008
The Star, Kuala Lumpur, 13 August 2008
Serial rapist gets 12 more years
IPOH: A serial rapist, already serving an 11-year term for rape, was sentenced to a further 12 years jail for raping a 10-year-old girl.
Former soldier Jasli Amir Salleh, 34, pleaded guilty to raping the girl at his home in Batu Gajah at 12.30am on Sept 14, 2003.
He is also accused of forcing an eight-year-old girl to commit oral sex on him between midnight and 12.15am that same day.
A third charge accuses Jasli of raping the older girl again between 9pm and 5am at his army barracks between Nov 6 and Dec 5, 2002.
At the Sessions Court here yesterday, Jasli only pleaded guilty to the first charge.
According to the facts of the case, Jasli raped the 10-year-old girl while she was sleeping on the floor of his room.
At the time of the rape, Jasli's wife was sleeping on the bed in the same room.
Frightened, the 10-year-old girl did not put up a fight but went back to sleep after the incident.
She only complained about the incident after she returned to her home in another town later that evening.
In mitigation, defence counsel S. Sundarajan appealed to the court to sentence Jasli only on the first charge and take into consideration the other two charges.
"Furthermore, he has been serving an 11-year jail term since December 2003 for a previous rape conviction in Teluk Intan, so I hope the court will consider giving him a lesser sentence," he said.
Deputy Public Prosecutor Siti Nora Shariff, however, urged the court to hand down a deterrent sentence, saying Jasli was a threat to public safety.
Sessions Court Judge Hashim Hamzah ordered Jasli to be jailed for 12 years after he completes serving the current 11-year jail term, and to be given six strokes of the rotan as well.
© 1995-2008 Star Publications (Malaysia) Bhd (Co No 10894-D)
New Sabah Times, Kota Kinabalu, 21 August 2008
Filipino gets 5 years for possessing syabu
KOTA KINABALU: A 33-year-old Filipino was yesterday jailed five years and ordered to be given 10 strokes of the cane after he was found guilty of possessing 38.74 grams of syabu.
Session Court Judge Duncan Sikodol meted out the sentence on Juljani Abdul Rahim who committed the offence at Kampung Lok Buno, Teluk Sepanggar on April 3, last year at 7.15pm.
The offence was framed under Section 12 (2) Dangerous Drugs Act 1952 and punishable under Section 39A (2) of the same Act which carries a jail term of between five years and life imprisonment, and whipping.
The court was told that investigation revealed that the accused admitted to taking and accepting the two boxes containing the syabu from another man who could not be traced.
In his mitigation, Juljani who worked as a labourer said he has three children back in Philippines.
He was supposed to claim trial on May 15 to16 this year but decided to change his plea.
Borneo Post, Kuching, 22 August 2008
30 months, 3 strokes each for gang robbery
By Yong Yee Ling
KUCHING: Two men found guilty of committing gang-robbery were each sentenced to two-and-a-half years' imprisonment and ordered to be given three strokes of the rotan by the Sessions Court yesterday.
In passing sentence, judge Timothy Finlayson Joel said: "The two accused will learn the hard lesson that crime does not pay. The sentence must have corrective effect on them, and they would become good citizens upon being reformed."
He said even though the court took into consideration the fact that they were first offenders and had saved the court time by pleading guilty, the use of a parang when they committed the offence was in itself an aggravating factor.
Joel said the only relevant mitigating factor for Mohd Ya'akub Ibrahim, 19, from Kampung Rampangi at Jalan Santubong in Petra Jaya, and Mohd Hirazman Raduan, 20, from Jalan Gading Rampangi off Jalan Sultan Tengah was that no physical injury was inflicted on their victim.
"(Nonetheless), the offence of such nature must not be taken lightly and public interest is to be given more weight in sentencing," the judge said.
"The law also enhances the sentence relating to such offence effective last year, and now two persons are sufficient to be charged under gang robbery," he added.
Previously, before the new amendment, the law provided that a crime must be committed by five persons or more for it to fall under the category of gang robbery.
Joel said he also arrived at his decision after taking into consideration the fact that the first accused had committed the offence on the 28-year-old complainant despite them knowing each other.
The duo was charged under Section 395 of the Penal Code which carries the maximum penalty of 20 years' imprisonment with whipping.
They committed the offence around 10pm on Aug 14 at a junction of Jalan Sultan Tengah here.
New Straits Times, Kuala Lumpur, 26 August 2008
Grandpa gets 40 years' jail for rape
MUAR: A 57-year-old grandfather was yesterday sentenced to 40 years' jail and 24 strokes of the cane after he pleaded guilty to two counts of raping his 13-year-old
granddaughter. Sessions Court Judge Mohd Haldar Abdul Aziz
ordered the sentences on the man to run from the date of his
arrest on Aug 11.
© Copyright 2008 The New Straits Times Press (M) Berhad. All rights reserved.
Borneo Post, Kuching, 30 August 2008
Youth to spend 27 years behind bars for rape of minor
KUCHING: A love bite on the neck of an underage girl revealed all.
The youth who raped her was sentenced a total of 57 years in jail with 20 strokes of the rotan for four rape charges.
Yesterday the accused Musa Zaini, 21, from Kampung Tengah of Gedong in Simunjan was produced in two Sessions Court for the charges to be made against him.
He pleaded guilty to the first charge before judge Alwi Abdul Wahab, when it was read to him.
He admitted having committed the offence at 5.30am on Aug 13 in a bush behind an unnumbered house in Gedong, Samarahan.
Musa agreed to the charge that he had raped a 15-year-old girl at that time and place.
Sexual intercourse with a woman under the age of 16 without her consent comes under Section 376(2)(d) of the Penal Code, which carries the maximum penalty of 30 years' imprisonment with whipping.
In mitigation, Musa told the court that he intended to marry the victim. Furthermore, he shouldered the responsibility of supporting his elderly parent as well as younger siblings who were still schooling.
Upon his mitigation being recorded, the judge sentenced him to 12 years in jail with five strokes of the rotan.
Musa was then taken to another Sessions Court before judge Amelati Parnell for the reading of three more rape charges framed under the same provision.
He pleaded guilty to all three charges.
The first charge stated that he had committed the offence at 7am on Aug 20 in a bush at Rural General Centre's (RGC) residential area of Simunjan.
The second charge provided that he raped the girl again at 8pm the same day at an untarred road in the same area as the first charge.
For the third charge, the offence happened at 10pm the same day in the same area. Judge Amelati after looking into the circumstances of the case and taking into consideration his earlier conviction (for which he is to serve 12 years in jail), pronounced that for each offence, Musa was to receive 15 years' jail with five strokes of the cane. They were to run concurrently.
The judge ordered that the concurrent sentence (15 years) begin upon expiry of the earlier sentence (12 years). This effectively puts him behind bars for 27 years in all, so by the time he walks out of prison, he will be aged 48.
According to the facts of the case, the complainant, a 44-year-old father was concerned when his daughter did not come home for a whole day.
To find out the truth, he asked his daughter at about 1am the next day. That was when he noticed the love bite on her neck.
The girl told the father that she had spent a night with her boyfriend, and that he had sexual intercourse with her three times that night.
A medical report confirmed that her hymen had a fresh tear in it.
Copyright 2008 The Borneo Post Sdn Bhd. All rights Reserved.
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