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2025 MarsdenLR 5405
HIGH COURT SABAH & SARAWAK SRI AMAN
SAGING LAWAI – Appellant
Versus
PP – Respondent
[Criminal Appeal No: SRA-42JSK S-2-7/2024]
The acceptance of an unequivocal guilty plea requires the court to ensure that the accused fully understands the charges and consequences, and failure to provide legal representation does not automatically invalidate the plea if the process complies with legal standards.
Headnote:(A) Penal Code - Section 376(1) - Sexual Offences Against Children Act 2017 - Section 14(a) - Conviction for rape and sexual assault against a minor - Sentences of 15 years imprisonment for each of the two counts of rape and 10 years for sexual assault to run concurrently - Appellant's plea of guilt was accepted despite claims of misunderstanding due to lack of representation and language barriers - Court found no legal ground for interference, emphasizing the clarity of the proceedings and the sufficiency of explanations provided. (Paras 1-6, 12-17, 40, 73-76)
(B) Appeal - Nature and scope - Appellate court is limited in its discretion to intervene regarding factual findings made by the trial judge unless substantial errors are evident - The burden is on the appellant to demonstrate that the lower court's decision is profoundly flawed. (Paras 60-76)
Facts of the case:
The appellant was charged with two counts of rape and one count of sexual assault against a 15-year-old victim, resulting in a conviction after a guilty plea, with sentences set to be served concurrently. (Paras 1-4)
Findings of Court:
The court upheld the conviction and sentences imposed by the lower court, identifying no errors in law or fact warranting intervention, particularly noting the appellant's admission and understanding of the charges. (Paras 6, 73-76)
Issues: Whether the appellant fully comprehended the charges, the implications of his plea, and the potential for legal representation during proceedings - Questions of procedural fairness and its implications on the justice process were central to the appeal. (Paras 12-23, 40)
Ratio Decidendi: The court affirmed that the appellant's plea was unequivocal, and procedural requirements were sufficiently met by the trial court despite the appellant’s claims of misunderstanding, underscoring the principle that appellate courts should defer to the trial judge's factual findings in the absence of clear error. (Paras 17, 74-75)
Result: Appeal dismissed; conviction and sentences affirmed.
| Table of Content |
|---|
| 1. conviction and sentencing details. (Para 1 , 2 , 3 , 4) |
| 2. court's satisfaction with scj findings. (Para 5 , 6 , 8) |
| 3. appellant's arguments on lack of understanding. (Para 12 , 17 , 18 , 19 , 20) |
| 4. prosecution's rebuttal of appellant's claims. (Para 25 , 26 , 27 , 29) |
| 5. legal principles related to guilty pleas. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 6. sentencing principles and rationale. (Para 54 , 58 , 66 , 67 , 70 , 71) |
| 7. conclusion and dismissal of appeal. (Para 74) |
[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 k
