JUDGMENT

Zaleha Mohd Yusuf Pan JC:

Introduction

[1] The present matter concerns an appeal filed by the Appellant to the High Court against his sentence.

Brief Background Facts

[2] The Appellant claimed trial to an offence of incest under s 376B(1) of the Penal Code ("PC") at the Session Court at Kuching.

[3] The second amended charge against the Appellant read as follows:

Amended Charge

That you, on 25 December 2021, at about 1900hrs, at a house Lot 1550, Lorong 6, Taman Riverview, Bintawa, in the District of Kuching, in the State of SarawAk, had committed incest with your biological daughter, Sasha Cammy Anak Renatoe (NRIC: 090216-13-0608) (12 years old) whose relationship to you is such that you are not permitted, under the law, religion, custom or usage applicable to you, to marry her and you have thereby committed an offence punishable under s 376B(1) of the Penal Code.

Sentence

Shall be punished with imprisonment for a term of not less than ten years and not more than thirty years and shall also be punished with whipping."

[4] At the conclusion of the trial after defence was called, the Appellant was convicted of the offence on 24 May 2024 and sentenced to twenty (20) years imprisonm