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2025 MarsdenLR 4477
HIGH COURT SABAH & SARAWAK SRI AMAN
SAGING LAWAI – Appellant
Versus
PP – Respondent
[Criminal Appeal No: SRA-42JSK S-2-7/2024]
The court ruled that an accused's plea of guilty must be made with full understanding of the charges and consequences; the proceedings were conducted properly, affirming the conviction.
Headnote:(A) Penal Code - Section 376(1) - Sexual Offences Against Children Act 2017 - Section 14(a) - Appeal against conviction and sentence by the Appellant for two counts of rape and one count of sexual assault on a minor - Appellant was sentenced to 15 years imprisonment for each of the rape charges and 10 years for the assault charge, to run concurrently, and is also subject to supervision after release. (Paras 1-4)
(B) Plea of Guilt - Necessity of understanding by an accused - The Court emphasized the importance of ensuring that an accused fully understands the charges and consequences of pleading guilty, and the Court confirmed that adequate explanations were provided in a comprehensible language. (Paras 5-6, 14-15, 45)
(C) Right to Legal Representation - The Appellant argued a miscarriage of justice due to lack of representation and language barriers. The Court ruled against this, affirming that the accused had confirmed understanding the language used during the proceedings and that he had not raised objections at the time. (Paras 12, 25-30, 52-72)
Findings of Court:
Conviction upheld as there was no error in the acceptance of the guilty plea and the subsequent sentencing. The Court emphasized the gravity of the offences and the necessity of appropriate punishment. (Paras 54-70)
Issues: Whether the guilty plea was unequivocal and whether the Appellant's rights to legal representation and comprehension were upheld. (Paras 22, 72)
Ratio Decidendi: The Court upheld that all proper procedures were followed and safeguards ensured that the Appellant understood his plea and the implications fully, dismissing claims of misunderstanding and miscarriage of justice. (Paras 46-49, 74)
Result: Appeal dismissed; convictions and sentences affirmed.
| Table of Content |
|---|
| 1. overview of charges and sentencing (Para 1 , 2 , 3 , 4 , 9 , 10) |
| 2. grounds for appeal (Para 11 , 12) |
| 3. representation and understanding of proceedings (Para 17 , 18 , 19) |
| 4. miscarriage of justice claims (Para 20 , 21 , 22) |
| 5. prosecution's stance on language understanding (Para 25 , 26 , 30) |
| 6. principles regarding appellate intervention (Para 35 , 66) |
| 7. court's findings on the appeal (Para 40 , 41) |
| 8. conclusion of the court on the appeal (Para 73) |
[Appeal]
Introduction
[1] On the 23 November 2021, the Appellant, Saging anak Lawai was convicted and sentenced by the learned Sessions Court Judge (SCJ) upon pleading guilty to two (2) counts of charges under s 376(1) of the Penal Code and one (1) count of charge under s 14(a) of the Sexual Offences Against Child Act 2017 (SOACA).
[2] The Appellant was sentenced by the learned Sessions Court Judge as follows:
(a) 15 years of imprisonment and one stroke of whipping for each charge under s 376(1) of the Penal Code ; and
(b) 10 years of imprisonment for the offence under s 14(a) of the Sexual Offences Against Child Act 2017, with no order for whipping in accordance with s 289 of the Criminal Procedure Code and s 25 of the Sexual Offences Against Child Act 2017.
[3] The sentences of imprisonment were ordered to take effect from the date of arrest on 9 November 2021 and were to run concurrently.
[4] The Appellant was also ordered to undergo two (2) years of supervision under s 27 of the Sexual Offences Against Child Act 2017 after serving the sentences.
[5] Having considered the appeal and the submissions by the parties, I am satisfied that there is no reason for me to interfere with the findings and decision of the learned SCJ.
[6] In the circumstances, I have dismissed the appeal.
[7] The Appellant, dissatisfied with my decision, has filed his Notice of Appeal to the Court of Appeal.
[8] Below are the grounds for my decision.
Brief Background Facts
[9] The charges against the Appellant in the Sessions Court are as follows:
First Charge
That you, in the month of January 2021, during the night time, at Tua Pek Kong Parking Lot Saratok, in the district of Saratok, in the state of Sarawak, committed rape against one Faranina Anak Ramlee (NRIC: 060711-13-0966) aged 15 years and 4 months, and thereby you have committed offence punishable under s 376(1) of the Penal Code .
Second Charge
That you, in the month of January 2021, during the night time, at Tua Pek Kong Parking Lot Saratok, in the district of Saratok in the State of Sarawak, committed rape against one Faranina Anak Ramlee (NRIC: 060711-13-0966) aged 15 years and 4 months, and thereby you have committed an offence punishable under s 376(1) of the Penal Code .
Third Charge
That you, in the month of January 2021, during the night time, at Tua Pek Kong Parking Lot Saratok, in the district of Saratok, in the state of Sarawak, had physically sexually assaulted a child one Faranina Anak Ramlee (NRIC: 060711-13-0966) aged 15 years and 4 months by touching her breasts and vagina, open the clothes of victim until the victim naked and hugged the victim for sexual purposes and therefore you have committed an offence under s 14(a) of the Sexual Offences Against Children Act 2017 and punishable under the same section.
[10] The facts of the case tendered as Exhibit P1 and admitted by the Appellant are as follows:
"FAKTA KES
Pada 8 November 2021 jam lebih kurang 1130 hrs semasa bertugas di Kaunter Pertanyaan Balai Polis Saratok, pengadu terima (1) panggilan telefon dari Hospital Sarikei Pengadu Dr Ong Kooi Chuan (Pegawai Perubatan) menyatakan bahawa seorang pesakit perempuan nama Faranina Anak Ramlee (06071 1-13-0966) (A7) yang beralamat di Menggeris Kabong, Saratok telah selamat melahirkan bayi lelaki.
HASIL SIASATAN.
Siasatan menunjukkan mangsa berumur 15 tahun 4 bulan dan belum berkahwin. Pada 7/11/21, setelah mangsa balik dari kerja mangsa mengalami sakit perut dan telah meminta datuknya untuk membawa ke Klinik. Sebaik sa
