00:00The High Court in Kuantan has reduced a man's sentence for raping a 15-year-old girl from 10 years'
00:07imprisonment and 6 cane strokes to 1 year and 2 strokes.
00:12Judicial Commissioner Samri Masri allowed the 23-year-old sentencing appeal after finding the session's court gave insufficient weight to
00:20his youth, first offender status and rehabilitation prospects.
00:24The accused was 19 when he committed the offences on October 8 and 29, 2022 while working at a Kuantan
00:33residential school where the complainant was a student.
00:37He was convicted after trial on two rape charges under Section 376, Subsection 1 of the Penal Code, receiving five
00:45years and three strokes for each charge consecutively.
00:48Samri upheld the convictions because consent was irrelevant due to the complainant's age under Section 375, Paragraph G of the
00:58Penal Code, but noted sentencing must reflect the individual's circumstances.
01:04The judge found the young first offender retained rehabilitation prospects and posed no continuing predatory risk requiring a lengthy prison
01:13term.
01:14Samri distinguished the case from predatory offending after considering their existing relationship and the girl's proximity to being 16 years
01:23old, as well as meeting arrangements and the absence of grooming.
01:28The first charge drew six months and one stroke, while the second drew one year and one stroke, with prison
01:35terms concurrent plus counselling and two years' police supervision.
01:40Samri stressed the ruling did not recognise a child's agreement as a defence to statutory rape.
01:47Maintaining punishment must remain just and proportionate to each offence's circumstances.
01:53Roman Dawi Gapari, FMT
Comments