corpunWorld Corporal Punishment Research

ruler   :  Archive   :  2010   :  MY Judicial Aug 2010


Judicial CP - August 2010

Corpun file 22535


Borneo Post, Kuching, 13 August 2010

Man gets five years' jail and five strokes for causing hurt

TAWAU: A 32-year-old man who hurt a man after a quarrel was sentenced to five years' jail and ordered to be given five strokes of the cane by the Sessions Court here yesterday.

Judge Egusra Ali meted out the sentence on Kiram Abidin who was found guilty under Section 336 of the Penal Code which provides for a jail term of 20 years, fine and caning.

Deputy public prosecutor Mohamad Hanafi Basri told the court that Kiram voluntarily caused hurt to Alawi Basang, 38, with a machete at Safina, Jalan Kastam, Semporna at 11.30am on May 4 this year. He said police investigation found that the accused was stitching a fishing net on a boat about 11am that day when the victim came and ordered him to cook rice.

The accused refused because there was no water and called the victim an animal and challenged him to a fight.

Click to enlarge

The victim then took a machete and slashed the accused on the head and left wrist. During the struggle, the accused grabbed the machete and chased the victim who jumped into the sea. The accused followed and slashed the victim's behind, hand, ear and brow before the public separated them and handed them to the police.

Both men, who did not possess any identification documents, were sent to hospital.

The victim was charged on June 4 under Section 324 of the same act with voluntarily causing hurt and is serving a six-month jail sentence.

Corpun file 22479


The Star, Kuala Lumpur, 18 August 2010

Jailed -- drunk labourer who raped woman

By Farik Zolkepli

JOHOR BARU: A 32-year-old labourer who admitted that he was drunk when he raped a woman on Aug 5 was sentenced to 10 years' jail and seven strokes of the rotan.

K. Paramasivan pleaded guilty to raping the 24-year-old woman at a booth in JP Perdana at about 8pm.

The facts of the case stated that he had earlier abducted the victim and taken her to the booth.

He punched and slapped the victim repeatedly in the face and other parts of her body before raping her.

Click to enlarge

However, a police patrol unit managed to rescue the victim and arrest him following a scuffle.

In mitigation, Paramasivan said he had a family to support.

"I was drunk and I deeply regret my actions," he said.

DPP Jasmee Hameeza Jaafat asked Sessions Court judge Salawati Djam­bari to mete the maximum sentence due to the seriousness of the offence and the victim's injuries.

"The accused also has previous convictions for robberies as well as rape," he said.

Meanwhile, Paramasivan was also charged with stealing the victim's two mobile phones and a gold necklace while causing hurt.

That case has been fixed for mention on Sept 17.

© 1995-2010 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 22527


The Star, Kuala Lumpur, 21 August 2010

Man and sons jailed for rape

By Ng Ai Fern

KUCHING: A 54-year-old carpenter and his two sons have been found guilty of raping his physically disabled daughter.

The father, who worked in a government department, was sentenced to a total of 100 years jail; while the sons, 24 and 22, both fruit sellers, were each jailed 36 years.

The father escaped the rotan because of his age but his two sons were sentenced to 24 strokes of the rotan each.

Apparently, the three were not aware of each other's actions until the victim, 19, lodged a police report against her father last year, claiming that she had been molested since she was 12.

The three men looked silently at the floor when Sessions Court Judge Amelati Parnell delivered her judgment yesterday.

Amelati found the trio's inconsistencies and contradictions as "afterthought defence".

One of her brothers claimed he only went to her room and touched her, then masturbated in the washroom. In mitigation, they pleaded leniency because of their family's financial burden and the carpenter's medical problem. He has inguinal hernia.

Their counsel Mohd Fairuz Masri told the court that the carpenter was married and had five children. His youngest son, 10, had drowned last year and the family had had no source of income since they were remanded in February last year.

However, the judge was not moved.

"The victim was traumatised and in tears during the trial. On two occasions (during the hearing), the victim was referred to the Sarawak General Hospital. It is undeniable that the act had great impact on her physically and mentally," Amelati said.

She said the sentence was based on the severity of the offences.

Click to enlarge

The carpenter was convicted on five counts of raping his daughter from December 2006 to November 2008 at five locations, including the government office where he worked and in their house.

He was sentenced to 20 years' jail on each charge, with sentences on three charges to run concurrently, meaning he will have to serve 60 years in jail.

His two sons, on the other hand, were each charged with two counts of raping their sister in their house in 2006 and 2007. They were sentenced to 18 years' jail and 12 strokes of rotan for each charge. Their sentences will run consecutively.

All charges were under Section 376B of the Penal Code for committing incest which carries a maximum penalty of 20 years' imprisonment and whipping.

The carpenter was seen weeping silently under the cover of a green jacket during a short break in the court proceedings. His wife appeared to be praying inside the courtroom. She, too, wept when the judgment was read.

Another son, who was charged with molesting his sister but was discharged and acquitted, was not present.

© 1995-2010 Star Publications (Malaysia) Bhd

Corpun file 22486


The Star, Kuala Lumpur, 26 August 2010

69 years for rape of siblings

Bomoh also gets 12 strokes of rotan

By Ng Ai Fern

KUCHING: A 63-year-old bomoh who raped three sisters to "cure their sickness and restore their virginity" was sentenced to 69 years' jail and 12 strokes of the rotan by the Sessions Court here.

Jamir @ Jawang Samah, from Simunjan, was laughing uncontrollably when an underwear with blood stains was shown to him in court as an exhibit.

When Judge Timothy Finlayson Joel asked him why was he laughing, he told the interpreter: "Nothing."

Jamir pleaded guilty to four counts of raping the sisters, who were his tenants and neighbours in his house.

A 16-year-old victim was first raped in February when she sought "health, beauty and a nice voice" from the so-called bomoh.

After a few sessions, the girl brought her younger sisters, aged 14 and 13, for "treatment" to "restore their virginity and tighten their private parts".

The matter came to light after the 14-year-old told her friend about the rape and the friend's family urged her to lodge a police report.

Jamir denied the allegation when he was arrested on March 7, but changed his plea on Tuesday after the three victims testified in court.

Despite the accused's mitigation of old age and bad health, the judge ruled there was no exemption on whipping under Section 376 (1) of the Penal Code for raping underage girls.

"Nothing in mitigation is valid enough for me to pass a lesser sentence. The law does not distinguish between old and young for lesser sentence.

"Some even suggest death penalty (for this kind of offence), the accused is very lucky that he is not facing the death penalty," the judge said.

He said the only consideration was that the accused had cut short the trial by pleading guilty but the sentence had to reflect the gravity of the offence and public interest.

Judge Timothy agreed with the prosecution officer Chief Inspector Carl Patrick Ramesh that a deterrent sentence must be imposed on this despicable act.

"The accused abused his position as a bomoh and took advantage of girls to satisfy his sexual instinct.

Click to enlarge

"The girls regarded him as a grandfather but instead of showing good example and character, he committed the despicable act in the presence of the victims' aunt under the spell of black magic," he said in his judgment.

The bomoh was sentenced to 16 years' jail and 17 years' jail respectively for two counts of raping the first victim; 18 years' jail each for raping the other two victims, and three strokes of rotan for each of the four charges.

Judge Timothy ordered the sentence to run consecutively with effect from the date of arrest.

© 1995-2010 Star Publications (Malaysia) Bhd (Co No 10894-D)

About this website

Search this site

Country files: Judicial corporal punishment in Malaysia

JCP pictures: Malaysia

Archive 2007: Malaysia

Archive 2008: Malaysia

Archive 2009: Malaysia

Archive 2010: Malaysia

Video clips

Picture index

Topics A to Z: Caning in Malaysia

Previous month

Following month

blob THE ARCHIVE index

blob About this website

blob Country files  Main menu page

Copyright © C. Farrell 2010
Page created December 2010