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-- THE ARCHIVE --


MALAYSIA

Judicial CP - August 1998



masthead
New Straits Times, Kuala Lumpur, 4 August 1998

16-year jail term for rapist restored

KUALA LUMPUR, Mon. - The Court of Appeal today restored three concurrent 16 years' jail sentences and 24 strokes of the rotan imposed by the Kangar Sessions Court on a lorry driver for raping three 11-year-old girls.

Court of Appeal judges Datuk Gopal Sri Ram, Datuk N.H. Chan and Denis Ong, allowed the cross-appeal by the prosecution and set aside the High Court's decision reducing the jail sentences and enhancing the number of strokes of the rotan.

Sulaiman Bidin, 50, pleaded guilty in the Sessions Court to three charges of raping the three girls.

He was sentenced to 16 years' jail and ordered to be given eight strokes of the rotan for each of the charges. The jail sentences were to run concurrently.

Sulaiman was convicted of raping two girls at Kampung Seberang Tok Pi, Jalan Sarawak, Kuala Perlis, about 4pm in March, 1996 and 11pm in February, 1996 respectively.

He admitted raping the other girl in another house at Kampung Seberang Tok Pi, Jalan Sarawak, Kuala Perlis between February and May, 1996.

He appealed against the sentence and the Kangar High Court reduced it to 13 years' jail for each charge but enhanced the number of the strokes of the rotan to 30.

However, Sulaiman appealed to the Court of Appeal against the enhanced strokes of the rotan. The prosecution cross-appealed against the reduction in the jail sentences.

Sri Ram said the High Court judge appeared to have overlooked significant facts by reducing the jail sentences. He said the three girls were very young and enticed in circumstances for which no excuse was available.

Sri Ram said the High Court judge had also overlooked public interest.

Earlier, Manjit Singh, for Sulaiman, said contrary to section 288(5) of the Criminal Procedure Code, the High Court had enhanced the rotan to 30 strokes.

Deputy Public Prosecutor Kamaruzzaman Abdul Jalil submitted that the reduction jail terms for each charge was unwarranted.

Manjit, however, in appealing for the number strokes to be reduced, urged the court not to interfere with the 13 years' jail sentence imposed earlier.

Copyright 1998, The New Straits Times Press (Malaysia) Berhad. All Rights Reserved.




masthead
New Straits Times, Kuala Lumpur, 5 August 1998

Judge: Ensure rapist is whipped

KUALA LUMPUR, Tues. - Court of Appeal judge Datuk Gopal Sri Ram today reminded the prosecution to ensure that the 24 strokes of the rotan ordered to be meted out to a convicted rapist yesterday be administered as soon as possible as the offender would turn 50 on Thursday.

Sri Ram, sitting with judges Datuk N.H. Chan and Denis Ong, conveyed the reminder to Deputy Public Prosecutor Abang Iskandar Abang Hashim who was in the court for another appeal case.

The Court of Appeal had yesterday restored three concurrent sentences and 24 strokes of the rotan imposed by the Kangar Sessions Court on Sulaiman Bidin, a lorry driver, for raping three 11-year-old girls.

During the appeal, the prosecution was represented by DPP Kamaruzzaman Abdul Jalil.

The court had allowed a cross-appeal by the prosecution and set aside the High Court decision to reduce the jail sentences and enhance the number of strokes of the rotan.

Sulaiman had pleaded guilty in the Sessions Court to three charges of raping the girls.

He was sentenced to 16 years' jail and ordered to be given eight strokes of the rotan for each of the charges. The jail sentences were to run concurrently.

Sulaiman was convicted after pleading guilty to raping two of the girls at Kampung Tok Pi, Jalan Sarawak, Kuala Perlis, in February 1996 and March 1996, respectively.

He admitted raping the other girl in another house at Kampung Tok Pi, Jalan Sarawak in Kuala Perlis, between February and May 1996.

Sulaiman had appealed against the sentence and the Kangar High Court reduced it to 13 years' jail for each charge but enhanced the number of strokes of the rotan to 30.

(Section 289 of the Criminal Procedure Code states that no whipping shall be executed on males above the age of 50 years).


masthead
New Straits Times, Kuala Lumpur, 5 August 1998

Welder wins appeal against death sentence

KUALA LUMPUR, Tues. - A 31-year-old welder sentenced to death on a charge of trafficking in dadah escaped the gallows when the Court of Appeal substituted the charge with one of possession and sentenced him to 17 years' jail.

Court of Appeal judge Datuk Gopal Sri Ram, who sat with Justices Datuk N.H. Chan and Denis Ong, also ordered that Tang Tuck Fatt be given 10 strokes of the rotan.

Tang was ordered to serve sentence from the date of arrest on March 16, 1995.

He was sentenced to death by the High Court after he was found guilty of trafficking in 64.52gm of heroin at Pasir Puteh in Ipoh on March 16, 1995. He appealed against the decision.

Earlier, Deputy Public Prosecutor Abang Iskandar Abang Hashim said the prosecution was amending the charge to one of possession of dadah.

Tang pleaded guilty to the amended charge.

In mitigation, Kartar Singh, for Tang, said his client had a 73-year-old mother and asked that the sentence begin from the date of arrest.




masthead
New Straits Times, Kuala Lumpur, 8 August 1998

Trader gets eight years, rotan for ganja offence

KUALA LUMPUR, Fri. - A trader was sentenced to eight years' jail and ordered to be given 10 strokes of the rotan by the Sessions Court today for unlawful possession of 450.1 grammes of ganja.

Judge Mohamad K. Abdul Rahman found the accused guilty of the offence after the defence had failed to raise a reasonable doubt in the prosecution's case.

Zabidin Md Yusof, 21, of Kampung Pasir, Setapak, committed the offence at Basement 1, Sogo carpark, about 8.40pm on June 20, 1996. He was first charged on July 3, 1996, under Section 6 of the Dangerous Drugs Act 1952.

Mohamad, in his decision said he could infer from the facts that Zabidin had knowledge of a packet found on him when he was arrested.

"If the accused had no knowledge, why did he hide it under his jacket?

"The packet was large and the accused could have put it in his motorcycle basket," Mohamad said.

In mitigation, Bhagwan Singh, for Zabidin, said the accused was 21 at the time of the offence and had been in jail since the date of his arrest on June 20, 1996.

He said Zabidin had no previous convictions and was a first offender.

Bhagwan applied to the court to allow Zabidin to be bound over for good behaviour under Section 294 of the Criminal Procedure Code to give him a chance to live in society again.

Deputy Public Prosecutor Rohaya Halil applied to the court for a deterrent sentence taking into account public interest.

"If the accused is let off with a light sentence, then the public will be under the impression that the court is not serious when dealing with drug offences," she said.



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