Latest news with #HashimHamzah
New Straits Times
3 days ago
- New Straits Times
Appeals court reinstates 19-year jail term, whipping for man who raped, assaulted sister
PUTRAJAYA: The Court of Appeal today reinstated a 19-year prison sentence and 19 strokes of the cane on a 24-year-old man for raping and physically sexually assaulting his younger sister when she was just 11 years old. A three-member bench, led by Justice Datuk Hashim Hamzah, allowed the prosecution's appeal to overturn the High Court's earlier decision, which had reduced the sentence to nine years' imprisonment and seven strokes of the cane. The other judges on the panel were Justices Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin. The man, who was 17 at the time of the first offence, had pleaded guilty at the Sessions Court to raping his sister in a flat in Jalan Ipoh, Kuala Lumpur, at night, sometime between 2018 and 2019. He also pleaded guilty to a second charge of sexually assaulting her at the same location on June 12, 2021, when he was 20 years old. In January 2022, the Sessions Court sentenced him to eight years' imprisonment and 10 strokes of the cane for the rape offence, along with an additional two years' jail and two strokes under Section 16(1) of the Sexual Offences Against Children Act 2017. For the 2021 sexual assault offence, the court imposed eight years' imprisonment and five strokes of the cane, plus an additional one year and two strokes under the same law. The Sessions Court ordered all sentences to run consecutively, bringing the total sentence to 19 years' imprisonment and 19 strokes of the cane. The court also directed that the accused undergo counselling throughout his imprisonment and be placed under police supervision for two years after his release. However, in September 2022, the High Court reduced the sentence for the rape charge from eight years to five, set aside the 10 strokes of the cane, and removed the additional punishment under Section 16(1) of the Sexual Offences Against Children Act 2017. However, the High Court maintained the sentences for the sexual assault offence and ordered the sentences for both offences to run concurrently, resulting in a total sentence of nine years' imprisonment and seven strokes of the cane. During today's proceedings, deputy public prosecutor Tengku Shahrizam Tuan Lah argued that the sentence imposed by the High Court for the rape offence was manifestly inadequate as under Section 376(3) of the Penal Code, the offence carries a maximum sentence of 30 years' imprisonment and a minimum of 10 strokes of the cane. He submitted that the High Court judge had erred by failing to consider the seriousness of the offence, particularly as it involved siblings. Meanwhile, lawyer Khor Boon How, representing the man, urged the court to maintain the sentence handed down by the High Court, noting that his client was still considered a minor when he committed the rape offence. He argued that reinstating the original sentence imposed by the Sessions Court would deprive his client of the opportunity to spend his formative years contributing to society. – Bernama
Free Malaysia Today
3 days ago
- Free Malaysia Today
Man jailed 19 years for raping, sexually assaulting underaged sister
The Court of Appeal also affirmed the sentence of 19 strokes of the rotan on the accused. PUTRAJAYA : The Court of Appeal today ordered a man to serve 19 years in jail for raping and sexually assaulting his underaged sister six years ago. A three-member bench chaired by Justice Hashim Hamzah also ordered the 24-year-old to be whipped 19 times, and for the prison sentences for rape and sexual assault to run consecutively. 'The High Court had erred in reducing the jail term for rape and we restore the punishment imposed by the sessions court,' Hashim said in allowing the prosecution's appeal on sentence. Justice Zaini Mazlan and Noorin Badaruddin also heard the appeal. The man had been found guilty of raping his sister between 2018 and 2019, when she was 11 to 12 years old, and sexually assaulting her in 2021 when she was 14. The offences were said to have been committed at a house in Kuala Lumpur. The accused was charged with the offences in 2021 when he was 20. His sister had narrated the incidents after she went to live with her aunt following her parents' divorce. Deputy public prosecutor Tengku Shahrizam Tuan Lah told the bench today the High Court sentenced the accused to five years' jail under Section 83(3) of the Child Act on the rape charges on grounds that he was a child when the offences were committed. The sessions court had imposed a 10-year jail term and 12 strokes of the rotan on the rape charges, but the High Court subsequently halved the prison sentence to five years. The court, however, maintained the nine-year jail term and seven strokes of the rotan imposed by the sessions court on the sexual assault charge. The High Court also ordered the accused to serve his prison sentences concurrently, effectively reducing the total prison term to nine years. The Court of Appeal reinstated the 10-year jail term on the rape charges, affirmed the nine-year sentence for sexual assault, and a total of 19 strokes of the rotan, and ordered for the accused to serve his prison sentences consecutively. Lawyer Khor Boon How had urged the bench to affirm the High Court ruling, as his client had pleaded guilty to the charges. 'The High Court was correct to rely on the Child Act to reduce the term from 10 to five years for rape,' he said.
The Star
3 days ago
- The Star
Appeals court reinstates 19-year jail term, whipping for man who raped, assaulted sister
PUTRAJAYA: The Court of Appeal on Friday (July 11) reinstated a 19-year prison sentence and 19 strokes of the cane on a 24-year-old man for raping and physically sexually assaulting his younger sister when she was just 11 years old. A three-member bench, led by Justice Hashim Hamzah, allowed the prosecution's appeal to overturn the High Court's earlier decision, which had reduced the sentence to nine years' imprisonment and seven strokes of the cane. The other judges on the panel were Justices Mohamed Zaini Mazlan and Noorin Badaruddin. The man, who was 17 at the time of the first offence, had pleaded guilty at the Sessions Court to raping his sister in a flat in Jalan Ipoh, Kuala Lumpur, at night, sometime between 2018 and 2019. He also pleaded guilty to a second charge of sexually assaulting her at the same location on June 12, 2021, when he was 20 years old. In January 2022, the Sessions Court sentenced him to eight years' imprisonment and 10 strokes of the cane for the rape offence, along with an additional two years' jail and two strokes under Section 16(1) of the Sexual Offences Against Children Act 2017. For the 2021 sexual assault offence, the court imposed eight years' imprisonment and five strokes of the cane, plus an additional one year and two strokes under the same law. The Sessions Court ordered all sentences to run consecutively, bringing the total sentence to 19 years' imprisonment and 19 strokes of the cane. The court also directed that the accused undergo counselling throughout his imprisonment and be placed under police supervision for two years after his release. However, in September 2022, the High Court reduced the sentence for the rape charge from eight years to five, set aside the 10 strokes of the cane, and removed the additional punishment under Section 16(1) of the Sexual Offences Against Children Act 2017. However, the High Court maintained the sentences for the sexual assault offence and ordered the sentences for both offences to run concurrently, resulting in a total sentence of nine years' imprisonment and seven strokes of the cane. During Friday's proceedings, Deputy Public Prosecutor Tengku Shahrizam Tuan Lah argued that the sentence imposed by the High Court for the rape offence was manifestly inadequate as under Section 376(3) of the Penal Code, the offence carries a maximum sentence of 30 years' imprisonment and a minimum of 10 strokes of the cane. He submitted that the High Court judge had erred by failing to consider the seriousness of the offence, particularly as it involved siblings. Meanwhile, lawyer Khor Boon How, representing the man, urged the court to maintain the sentence handed down by the High Court, noting that his client was still considered a minor when he committed the rape offence. He argued that reinstating the original sentence imposed by the Sessions Court would deprive his client of the opportunity to spend his formative years contributing to society. - Bernama
The Star
3 days ago
- The Star
Appeals Court reinstates Vietnamese man's four-year jail term for possessing leopard parts
PUTRAJAYA: The Court of Appeal has reinstated a four-year jail sentence originally imposed by the Sessions Court on a Vietnamese man for keeping 54 parts of a protected leopard species without a special permit. A three-member bench comprising Justices Datuk Hashim Hamzah, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin allowed the prosecution's appeal to overturn the Temerloh High Court's decision, which had earlier reduced Nguyen Van Tien's jail term to two years. Justice Hashim, who delivered the court's unanimous decision, said that the judiciary takes wildlife-related offences seriously. "Therefore, the sentence imposed by the High Court is set aside, and the four-year jail sentence imposed by the Sessions Court is reinstated, effective from the date of arrest," he said. The fine of RM300,000 in default of 12 months' imprisonment imposed by the High Court remains unchanged. The prosecution had appealed against the High Court's decision to reduce the prison sentence but did not challenge the fine. On Feb 24, 2024, Nguyen, 34, pleaded guilty at the Sessions Court to the charge of keeping parts of a leopard (Panthera pardus), a protected species, without a special permit in the National Park, Pahang at about 12.30pm on Dec 12, 2023. He was charged under Section 68(1)(b) of the Wildlife Conservation Act 2010 and sentenced under Section 68(2)(c) of the same law. Nguyen was sentenced to four years' imprisonment and fined RM300,000, in default of four years' jail, effective from the date of his arrest on Dec 12, 2023. In October last year, the High Court reduced the sentence to two years while maintaining the fine in default of 12 months' jail. During proceedings, Deputy Public Prosecutor Aznee Salmie Ahmad argued that the reduced prison sentence would send the wrong message, portraying Malaysia as a lenient jurisdiction for foreign offenders involved in trans-boundary wildlife crimes. She said that Nguyen's actions had not only harmed the environment but also impacted the sovereignty of Malaysian law, thus warranting a stern custodial sentence. Representing himself through an interpreter, Nguyen told the court that he had come to Malaysia in search of work and claimed that he received the leopard meat from other Vietnamese acquaintances to take home, adding that he was unaware of Malaysian laws. He apologised and pleaded for the two-year sentence to be maintained, saying he wished to return to Vietnam. Nguyen also told the court that he is responsible for supporting his elderly parents and young children in Vietnam, noting that his wife is unemployed. – Bernama
The Sun
3 days ago
- The Sun
Vietnamese man gets 4-year jail term reinstated for leopard parts in Malaysia
PUTRAJAYA: The Court of Appeal today reinstated the four-year imprisonment sentence originally imposed by the Sessions Court on a Vietnamese man for keeping 54 parts of a protected leopard species without a special permit. A three-member bench comprising Justices Datuk Hashim Hamzah, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin allowed the prosecution's appeal to overturn the Temerloh High Court's decision, which had earlier reduced Nguyen Van Tien's jail term to two years. Justice Hashim, who delivered the court's unanimous decision, said that the judiciary takes wildlife-related offences seriously. 'Therefore, the sentence imposed by the High Court is set aside, and the four-year jail sentence imposed by the Sessions Court is reinstated, effective from the date of arrest,' he said. The fine of RM300,000 in default of 12 months' imprisonment imposed by the High Court remains unchanged. The prosecution had appealed against the High Court's decision to reduce the prison sentence but did not challenge the fine. On Feb 24, 2024, Nguyen, 34, pleaded guilty at the Sessions Court to the charge of keeping parts of a leopard (Panthera pardus), a protected species, without a special permit in the National Park, Pahang, at about 12.30 pm, on Dec 12, 2023. He was charged under Section 68(1)(b) of the Wildlife Conservation Act 2010 and sentenced under Section 68 92) (c) of the same law. Nguyen was sentenced to four years' imprisonment and fined RM300,000, in default of four years' jail, effective from the date of his arrest on Dec 12, 2023. In October last year, the High Court reduced the sentence to two years while maintaining the fine in default of 12 months' jail. During today's proceedings, deputy public prosecutor Aznee Salmie Ahmad argued that the reduced prison sentence would send the wrong message, portraying Malaysia as a lenient jurisdiction for foreign offenders involved in transboundary wildlife crimes. She said that Nguyen's actions had not only harmed the environment but also impacted the sovereignty of Malaysian law, thus warranting a stern custodial sentence. Representing himself through an interpreter, Nguyen told the court that he had come to Malaysia in search of work and claimed that he received the leopard meat from other Vietnamese acquaintances to take home, adding that he was unaware of Malaysian laws. He apologised and pleaded for the two-year sentence to be maintained, saying he wished to return to Vietnam. Nguyen also told the court that he is responsible for supporting his elderly parents and young children in Vietnam, noting that his wife is unemployed. - Bernama
