HIGH COURT SABAH & SARAWAK KOTA KINABALU
PP – Appellant
Versus
ZAINUDDIN ADAM – Respondent
| Table of Content |
|---|
| 1. details of the appeal concerning sentencing. (Para 1) |
| 2. factors influencing the sentencing decision. (Para 2 , 3) |
| 3. dpp's argument on sentence inadequacy. (Para 4) |
| 4. judge's discretionary authority in sentencing. (Para 5) |
| 5. consideration of societal changes in sentencing. (Para 6 , 7) |
[1] This is an appeal by the Learned DPP against the sentence handed down by the Sessions Court Judge in respect of a charge of statutory rape by the Respondent. The Respondent was sentenced to 2 years imprisonment from 23 December 2010 and 1 stroke of the rattan.
[2] In determining the sentence to be handed down, the Learned Sessions Court Judge took into consideration of the followings:
1. The Respondent was a first offender and had a good record prior to the incident.
2. The Respondent had pleaded guilty to the charge which saved much time and costs to all concerned.
3. The Respondent is genuinely remorseful for committing the offence and had wanted to marry the victim.
4. The sexual act was consensual with the victim.
5. The DPP's plea for a deterrent sentence citing the rampancy of the offence, protection of young girls, sexually transmitted disease and unwanted pregnancies.
[3] The le
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