MOHD HANIF KASSIM vs PP & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1565

HIGH COURT MALAYA ALOR SETAR
MOHD HANIF KASSIM – Appellant
Versus
PP & ANOTHER APPEAL – Respondent

Table of Content
1. appeal against conviction and sentence. (Para 1 , 2)
2. incident details and victim's account. (Para 3 , 4 , 5 , 6)
3. accused's defense and arguments for appeal. (Para 7 , 8 , 9)
4. requirements for a proper charge. (Para 10 , 11 , 12)
5. clarification on essential elements of rape charge. (Para 14 , 15 , 18)
6. qualification of scientific officer's testimony. (Para 22 , 24)
7. evidential support provided by dna profiling. (Para 25 , 26 , 28)
8. appellate court's considerations in sentencing. (Para 30 , 31)
9. impact of victim's pregnancy on sentencing considerations. (Para 32 , 33 , 36)
10. guidelines for sentencing in rape cases. (Para 34 , 35 , 39 , 43)
11. discretion and variabilities in sentencing outcomes. (Para 40 , 41 , 42)
12. court's decision to enhance the sentence imposed. (Para 44)

Choo Kah Sing JC:

Introduction

[1] Mohd Hanif B Kassim (the accused) filed an appeal against the decision of the Sessions Court Judge dated 4 May 2014. The accused was convicted for the offence of rape punishable under s 376(1) of the Penal Code , and he was sentenced to eight years imprisonment. The prosecution was not satisfied with the sentence imposed on the accused by the learne

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2015 MarsdenLR 1565

HIGH COURT MALAYA ALOR SETARMOHD HANIF KASSIM – AppellantVersusPP & ANOTHER APPEAL – Respondent

Cases Referred (3)

HIGH COURT MALAYA ALOR SETAR
MOHD HANIF KASSIM – Appellant
Versus
PP & ANOTHER APPEAL – Respondent