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Judicial CP - July 2001

masthead The Star, Kuala Lumpur, 26 July 2001

Drug offender escapes gallows on lesser charge

A 34-year-old shop assistant on trial for trafficking in more than 2kg of cannabis escaped the death penalty when the High Court in Penang found him guilty of drug possession instead.

Justice Md Raus Sharif told Rohizan Abdullah that he was "lucky to escape the mandatory sentence of being hanged."

"I hope that you have learnt from your experiences from the day you were arrested until today, and that you will not get involved with such offences again after your release.

"Although this court finds you guilty of a lesser offence, the punishment is still considered serious as it carries a maximum jail term of 20 years," he said.

Justice Raus sentenced Rohizan to 12 years' jail from the date of his arrest, and ordered him to receive the mandatory minimum 10 strokes of the rotan.

Rohizan was on trial for trafficking in 2,558gm cannabis at the parking lot of the Penang Hospital here at 12.30am on Dec 11, 1998.

Justice Raus said that from the evidence, Rohizan was carrying a package which contained cannabis when he was arrested.

However, he said Rohizan's defence had managed to raise reasonable doubt to the prosecution's case.

1995-2001 Star Publications (Malaysia) Bhd (Co No 10894-D)

masthead Daily Express, Kota Kinabalu, 29 July 2001

Raise age limit for caning, says Bar

PETALING JAYA: The age limit for caning male sex offenders should be raised, says the Bar Council.

The Criminal Procedure Code exempts men above 50, women and juveniles from being caned.

Council Chairman Mah Weng Kwai said in most incest cases, the victims are raped by their fathers or elderly relatives.

"These men escape the rotan in such sexual crimes due to their age.

"I think the age limit should be increased in incest cases.

"These people are a different breed of offenders and should not be treated like other rapists," he said.

Under the Penal Code, rape is punishable under Section 376 by a jail term of between five and 20 years, and caning.

Mah also said the Government's proposed amendment, while good, should make incest a separate offence.

Minister in the Prime Minister's Department Datuk Seri Utama Dr Rais Yatim had said early this week that the amendment will provide for more sever penalties for sexual offenders.

Copyright Daily Express, Sabah, Malaysia

masthead Daily Express, Kota Kinabalu, 31 July 2001

Maximum 20 years' jail, whipping for incest

Kuala Lumpur: A prison term of between six months and 20 years as well as whipping will be imposed on those convicted for incest, said Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim.

He said the amendments to the Penal Code would be tabled in Parliament during the current session in view of the increasing incidence of incest.

"This is in view of the recent trend where crimes involving incest are rampant in the Malaysian society and we will impose the penalty through the country's judicial and legal system," he said.

He said this at a media conference after attending a special briefing on current issues to staff of the Information Department here Monday.

Under the existing law, the offence for incest was included together with rape under Section 376 of the Penal Code which carried a prison term of between five and 20 years as well as whipping.

Rais said the amendment also demonstrated the Government's determination to implement laws pertaining to all social problems in the country.

He was earlier reported as saying that the penalty for incest would cover acts committed either with consent or through force.

Statistics from the Women and Family Development Ministry revealed that there were 73 cases of incest reported nationwide during the first five months of this year.

Last year, there were 136 cases of incest reported, 184 cases in 1999 and 205 cases in 1998.-Bernama

Copyright Daily Express, Sabah, Malaysia

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Colin Farrell 2001
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