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Judicial CP - November 2010

Corpun file 22630


Daily Express, Kota Kinabalu, 2 November 2010

Local's rape sentence enhanced to 15 years, 6 strokes

Kota Kinabalu: A 23-year-old local, who withdrew his appeal against his sentence of 10-year imprisonment and two strokes of the cane on a gang rape charge, saw his sentence enhanced to 15 years' jail and his cane penalty increased to six lashes instead by the High Court here.

Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjum ordered Mohammad Shahminan Tangah @ Radin, who had obtained a stay of execution of sentence, to start serving the sentence from Monday.

However, Malanjum said the sentence should be enhanced because though Shahminan had pleaded guilty to the charge, the nature and the circumstances must also be taken into consideration.

The victim was gang raped and therefore her interest must be taken into account, said Malanjum.

He said the 10-year imprisonment was quite inadequate as according to the prosecution, the range of punishment for such offence was between 15 years and 18 years.

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"I enhance the imprisonment to 15 years' jail and order Shahminan be given six strokes of the cane," said Malanjum, in exercising his reversionary powers on the case.

The court had earlier struck out the appeal.

Shahminan was on July 28 this year sentenced after he pleaded guilty to raping a 13-year-old girl at 11pm on Dec 19, 2008 at a village in Sindumin, Sipitang.

Earlier, Senior Federal Counsel Salim Soib, who appeared for the prosecution, informed the court that the imprisonment range under the new section for gang rape was between 15 and 18 years.

He said trial was ongoing for Shaminan's three co-accused.

Counsel Loretto S.Padua Jr, who represented Shahminan, in urging the court not to enhance the sentence, submitted that the latter had pleaded guilty at the early stage of the case and had saved the court time as well as had given full cooperation to the police during the investigation of the case.

Corpun file 22685


Daily Express, Kota Kinabalu, 9 November 2010

18 years, cane for raping disabled girl

Kota Kinabalu: A 22-year-old father of one was jailed 18 years and ordered given nine strokes of the cane by the Sessions Court Monday for raping a 15-year-old intellectually disabled girl.

Local Tonny Goh Esun pleaded guilty before Judge M. Rajalingam to raping the girl at 9pm on April 1 this year at a house in Kuala Penyu.

He was charged under Section 376(2)(d) of the Penal Code, which carries a jail term of between five years and 30 years, and liable to whipping, on conviction.

Tonny, who was not represented, applied for a light sentence, saying he had regretted his act and intended to marry the girl but the girl's family was against it.

However, Deputy Public Prosecutor Effizah Ernie Idris urged the court to impose a heavy sentence.

The court ordered Tonny to serve his jail term from the date of his arrest on April 15 this year.

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According to Effizah, on the said day, the girl and her sister had slept over at her friend's house and that she was raped by Tonny in a room there.

The girl's father lodged a police report after the girl told her teacher about the incident.

In the same court, three Filipinos were charged with illegal entry and violating their visit passes by working as carpenters.

Rugalio Palaya, 49, was jailed three months and ordered given a stroke of the cane after he pleaded guilty to entering the State illegally at 2.20am on Oct 11 this year.

He was ordered to be referred to the Immigration Department after serving his jail sentence.


Copyright 2010 Sabah Publishing House Sdn. Bhd.

Corpun file 22690


The Star, Kuala Lumpur, 11 November 2010

Jailed for raping pupil

Former teacher gets 36 years and four strokes of rotan

By Ruben Sario

Paying the price: Adrian being led out by a policeman at the Sessions Court in Kota Kinabalu yesterday.

KOTA KINABALU: A former teacher at a private school here has been jailed for a total of 36 years and ordered to be caned four times after the Sessions Court here found him guilty on two counts of raping a 12-year-old student earlier this year.

Sessions Court judge Duncan Sikodol ordered Adrian Simon, 31, to be imprisoned 18 years for each of the two charges but allowed the jail term to run concurrently.

He also allowed a stay of the sentence pending an appeal against the ruling in the High Court.

Adrian was accused of raping the girl between February and March between 2.10pm and 3.30pm. He was also accused of raping the girl at about 10.25am on March 26.

The alleged offences took place at the storeroom of the school's science laboratory.

In his ruling, Duncan said he found that the very credible and consistent evidence of the girl was enough to convict Adrian.

"Although I am aware of the danger of convicting the accused on uncorroborated evidence and having warned myself of the same, given the very credible and consistent evidence of the victim, I think it is safe to rely on her evidence alone as it outweighs the inherent risks," said Duncan.

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Adrian's counsel Khairul V. Othman immediately asked the court for a lenient sentence as his client had been cooperative with the authorities and suffered much anguish since his arrest.

Deputy Public Prosecutor Luke Ressa Balang, in pressing for a deterrent sentence, said as a teacher, Adrian had the responsibility of caring for his students and he had breached this trust.

"He raped a young girl. Imagine the stress and humiliation her family had to endure," he added.

Corpun file 22713


Daily Express, Kota Kinabalu, 23 November 2010

Raping confining woman: 2 jailed

Kota Kinabalu: A male model and a jobless man were sentenced to a total of 36 and 38 years' jail plus whipping respectively on two counts of sex crimes and also wrongfully confining a woman last year.

Judge Ummu Khaltom Abdul Samad handed the sentence to jobless Maisur Muji, 20, and model Abdul Malik Marsah, 21, after ruling that the defence had failed to cast a doubt on the case against them.

The duo were found guilty of all charges against them after nine prosecution and three defence witnesses were called in the hearing.

In convicting them, Ummu said the victim was confined in the car by Maisur and Abdul Malik.

"The evidence also showed Maisur had pulled the victim's hair, slapped her and that the victim suffered injuries.

"Nevertheless, Abdul Malik did not assault the victim but drove the car to the place of incident where they committed the offences against the victim," Ummu said.

On the first count, Maisur was handed 18 years' jail and ordered to be given seven lashes of the cane, while Abdul Malik was jailed 16 years and ordered given four lashes of the cane for raping the 23-year-old woman between 3.40am and 5.15am on July 18, 2009 at a beach in Tuaran.

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On the second count, Maisur and Abdul Malik were jailed 18 years and ordered given two strokes of the cane each for committing carnal intercourse against the order of nature on the same woman at the same place and time.

On the third count, the duo were jailed another two years and ordered to pay a fine of RM1,000 in default three months' jail each for wrongfully confining the same woman in a car with intent to rape her at 2.30am on July 18, 2009 at the Waterfront here.

However, Ummu ordered the duo to serve the sentences concurrently.

Earlier, counsel Hamid Ismail, who defended Abdul Malik, applied for a minimum sentence on the grounds that his client is a young offender and he needed to look after his two children aged three and four years.

According to Hamid, his client had suffered a lot since he was charged and had not received any modelling work.

Maisur also applied for a light sentence and asked for the sentence to run concurrently.

However, Deputy Public Prosecutor Effizah Ernie Idris who conducted the prosecution pressed for a heavy sentence.

Meanwhile, the court allowed Hamid's application to stay the sentence of Abdul Malik pending appeal against the decision in the High Court.

Copyright 2010 Sabah Publishing House Sdn. Bhd.

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