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Judicial CP - November 2001, 3 November 2001

"Half" Rapist Gets His Sentence Doubled

By Liza Mohamad

Bandar Seri Begawan - The sentence against a convicted "half rapist", Mohamad bin Serudin, was increased to eight years in jail and will receive 12 strokes of the rattan, after the Public Prosecutor made an appeal against his sentence even though the man only partially completed the offence.

In the Intermediate Court, earlier he had pleaded guilty to attempted rape in the course of which the victim was put in fear of hurt. He was sentenced to four years in jail and three strokes of whipping.

The offence he is facing under Section 376 and 511 of the Penal Code, carries a minimum jail term of not less than eight years and also a whipping not less than 12 strokes.

The trial judge imposed a sentence of less than eight years and whipping with 12 strokes, Deputy Public Prosecutor Zuraini binte Hj Sharbawi therefore appealed on the ground that the sentence imposed was unlawful and should be increased.

The Appeal Courts was presided over by President of the Court of Appeal, Sir Alan Huggins, Judge Dato Seri Paduka Kutlu Tekin Fuad and William James Silke.

"With respect, we think the judge did not appreciate that Section 376(2) provides a minimum for the completed offence of rape not only where there has been sexual intercourse with a woman under 14 years of age without her consent but also where a man has, in order to commit or facilitate the offence, voluntarily caused hurt or put the woman in fear of death of hurt to herself or any other person," ruled the Appeal Judges.

"Some might expect to find that, where the maximum sentence for an attempt was half that for the completed offence, the minimum sentence would also be half that for the completed offence. The legislation does not so provide, and it is not open to the judge to reduce the minimum sentence," the Appeal Judges remarked.

The Appeal Courts therefore have no alternative but to allow the appeal and substitute a sentence of 8 years in jail and whipping with 12 strokes.

The Appeal Judges noted that records from the Intermediate Court judge was that, she was aware of the provision of both the said sections. But she thought of the fact that the victim was past 14 years of age, she therefore imposed such sentence. News, 4 November 2001

Brother In Law Gets Jail And Strokes For Criminal Force On Sister-In-Law

By Liza Mohamad

Bandar Seri Begawan - A man was sent to five years and six months jail and ordered eight strokes for outraging the modesty of his 14-year-old sister-in-law.

The court heard that the 14-year-old was engrossed reading her boyfriend's love letter and then came her 28-year-old brother-in-law asking for her sister.

She told him to go away and her own brother-in-law he forcefully pulled her trousers down and outraged her modesty.

Magistrate Hj Abdullah Soefri bin Dato Paduka Hj Abidin found the facts of the case 'disturbing' and decided to impose stiff punishment of 5 years 6 months in jail and 8 strokes of the rattan, to deter him in future.

Due to a court gag order, the name of the defendant is withheld.

He had admitted to three counts of using criminal force against his sister-in-law on September 26 this year.

"You have put the complainant in an ordeal which will haunt her for the rest of her life. If she did not struggle and bite your tongue, I am not surprise if a more serious crime would have been committed," the Magistrate said.

Deputy Public Prosecutor Suhana binte Hj Sudin had tendered the facts of the case stating that when he kissed the complainant, there was a struggle and the complainant had bit his tongue.

The defendant attempted to punch her and she was fortunate to miss the punch, but fell on the floor.

The defendant's tongue was bleeding and even the complainant's love letter was stained with his blood.

A police report was immediately lodged at the Berakas police station. News, 14 November 2001

Government Servant Gets 10 Years In Jail And 15 Strokes Of Rattan For Drug Trafficking

By Liza Mohamad

Bandar Seri Begawan - A government security guard at the Ministry of Culture, Youth and Sports, Hj Sadikin bin Hj Ahmad, 38, was sent to 10 years in prison and will receive 15 strokes of the rattan, after being convicted in the High Court for trafficking 76.0819 grams of syabu.

He was acquitted on the first charge of importing the drugs from Labuan on April 26 last year, and escaped a minimum sentence of 20 years in jail and 15 strokes of whipping.

He was led to Jerudong prison yesterday by the Narcotics Control Bureau officials.

Justice Datin Paduka Hayati binte POKSDSP Hj Mohd Salleh rejected the defendant's lawyer, Mohd Shazale bin Hj Mat Salleh, who applied for stay of sentence pending an appeal.

The defendant had earlier claimed trial to all the four charges under the Misuse of Drugs Act. But he had changed his mind and pleaded guilty to two lesser counts of consuming syabu Labuan the night before his arrest.

For these he was fined $1,500 each, and if the defendant chooses to unsettle the fine, he would have to serve a concurrent sentence of two months.

Judge Datin Hayati found him guilty of possessing drugs for trafficking, after believing the testimony of Narcotics Control Bureau officials.

The prosecution was led by Deputy Public Prosecutor Aldila binte Hj Mohd Salleh and assisted by Hj Afif Daraina bin Pehin Dato Hj Badaruddin.

The court was told the defendant was arrested at the parking lot of Serasa Ferry Terminal while he was fixing a flat tyre.

NCB officers retrieved the drugs in a white envelope inside the car.

The defendant was initially charged together with a Chinese Malaysian, Wong Boon Hing, who alleged in a separate trial he was offered a ride to town by the defendant.

Wong, who was facing a charge of importing cannabis, was acquitted earlier and escaped the death penalty.

When sentence was passed, Judge Datin Hayati hoped the defendant would change for the sake of his young children, after serving his sentence.

The Judge also ordered the sentence of whipping would stay pending hearing of the appeal. News

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Colin Farrell 2002
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