Criminal Law

Man jailed 18 Years, Six Strokes of the Cane for Incest

Date: 03 January 2019; Type: Legal News; Source: Bernama

PUTRAJAYA, Jan 3 (Bernama) - A man was jailed for 18 years and ordered to be given six strokes of the cane for committing incest with his 12-year-old daughter. The sentence was passed after Court of Appeal Judge Datuk Wira Mohtarudin Baki, who was leading the three-judge panel, rejected the appeal by the 37-year-old father against the decision of the Shah Alam High Court in 2017 which sentenced him to 18 years imprisonment and six strokes of the cane.

”We find that the appeal had no merit. The appeal is rejected and the sentence of the High Court is maintained,” said Judge Mohtarudin who sat together with Judges Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah.

Earlier, the father of three who was unrepresented by counsel, had appealed that the sentence be reduced as he had repented and wished to return to the family.

“I seek the assistance of the court to reduce the sentence. My wife works at an eating shop and I do not know how she is faring. I come from a poor family,” he said.

Deputy Public Prosecutor Nik Syahril Nik Ab Rahman applied for the High Court sentence to be maintained as the man had committed a serious offence in raping his own daughter.

“As such, the penalty must be commensurate to send the message that the effoence was serious. According to the trend, the penalty for the offence is normally 18 years in jail,” he said.

In February 2017, the Kuala Kubu Bharu Sessions Court had passed a 10-year jail sentence and three strokes of the cane after the man pleaded guilty for having intercourse with his daughter at a house in Bandar Utama Batang Kali, Hulu Selangor, Selangor at 12.30 am on June 18, 2016.

Dissatisfied with the decision, the prosecution appealed to the High Court which allowed the appeal and increased the sentence to 18 years with six strokes of the cane.

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