COURT OF APPEAL PUTRAJAYA
IBRAHIM MAHD NAZRI – Appellant
Versus
PP – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The appellant, Ibrahim Mahd Nazri, was convicted of multiple counts of sexual offences against minors aged 11 and 14, under the Sexual Offences Against Children Act 2017. The charges included physical sexual assault, sexual touching, and other acts involving minors, which he pleaded guilty to (!) (!) (!) (!) .
The court affirmed the conviction and emphasized the importance of imposing deterrent sentences to protect public interest and children from sexual offences (!) (!) .
The sentences imposed included imprisonment and whipping, with some sentences running concurrently and others consecutively. The court maintained the overall length of imprisonment, but reduced the number of strokes of whipping in one case to comply with legal limits (!) (!) (!) (!) (!) (!) (!) .
The appellant's guilty plea was confirmed to be fully understood, and the court found no error in accepting it, given the procedure was properly followed and the appellant understood the charges against him (!) (!) .
The appellate court upheld the trial court's discretion in sentencing, finding that the sentences were proportionate to the severity of the offences and consistent with legal principles. The court emphasized that appellate courts generally do not interfere with sentencing unless there is a clear error or the sentence is manifestly excessive or inadequate (!) (!) (!) .
The court highlighted the importance of public interest and deterrence, especially considering the serious and heinous nature of the offences, and the need to protect society from repeat offenders (!) (!) (!) .
The court also considered the principles of consecutive versus concurrent sentences, determining that the offences were distinct and separate, warranting consecutive sentences to reflect the seriousness and separate nature of each offence (!) (!) (!) .
The appellant's complaints about the impact of the length of imprisonment and the "crushing effect" were dismissed, with the court affirming that the sentences were justified given the gravity of the crimes and the need for deterrence (!) (!) (!) (!) .
The court reminded that the maximum permissible whipping for an adult is 24 strokes, and the prison authorities must adhere to this limit when executing the whipping sentence (!) (!) .
Overall, the appeal was dismissed, and the conviction and sentences handed down by the lower court were affirmed (!) .
Please let me know if you need a more detailed analysis or specific legal advice based on these points.
JUDGMENT
Chronology Of Events
[1] The Appellant was charged in the Session Court at Ipoh with seven (7) counts, six (6) offences under ss 14(a) and (d) read together with s 16 of the Sexual Offences Against Children Act 2017 and one (1) offence under s 15(a)(ii) read together with s 16 of the same Act ( SOACA ) involving a victim who was 14 years at the material time under Criminal Case No: AA-62JSK-47-06 /2022, AA-62JSK-48-06 /2022 and AA-62JSK-49-06/2022.
[2] Particulars of the charges were as follows:
COA Appeal: A-09(H)-186-08/2023
HC Appeal: AA-42JSKS-2-07/2022
(Session Court Case No: AA-62JSK-47-06/2022)
First Charge
Bahawa kamu pada 16 Jun 2022 jam lebih kurang 4.30 petang di tempat letak kereta Pasar Aw am Kampar di da lam daerah Kampar di dalam sebuah kereta Perodua Alza AKX 410 telah didapati melakukan amang seksual fizikal dengan cara bagi maksud seksual menyentuh payudara XXX yang berumur 14 tahun semasa kejadian yang mana kamu mempunyai hubungan amanah dengannya. Oleh itu, kamu telah melakukan kesalahan di bawah s 14(a) dibaca bersama s 16 Akta Kesalahan Jenayah Seksual Terhadap Kanak-Kanak 2017 dan boleh dihukum di bawah seksyen yang sama.
Second Charge
Bah
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