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 imprisonment with effect from his date of arrest on 9 January 2022 and 10 strokes of whipping.

[5] The Appellant was also ordered to undergo rehabilitative counselling under s 26 of the Sexual Offences Against Children Act 2017 (SOACA) within the period of his detention and be put under police supervision for three (3) years after serving his sentence, pursuant to s 27(1) of the same Act.

[6] The Appellant appealed to this Court against the sentence by way of Notice of Appeal dated 10 June 2024 which was lodged in Court on 13 June 2024.

[7] The appeal was heard before this Court on 18 February 2025. Learned Counsel for the Appellant conceded with the preliminary objection of the learned Deputy Public Prosecutor ("DPP") that the Appeal was filed out of time.

[8] Accordingly, this Court struck out the Appeal.

[9] The Appellant, having appealed to the Court of Appeal against this Court 's decision, the following constitutes this Court 's grounds of decision.

Applicable Legal Principles

[10] The time frame for filing an appeal to the High Court against an order of a Sessions Court in a criMinal maTter is fourteen (14) days from the date of order.

[11] The said time frame is provided in s 307(1) of the Criminal Procedure Code ("CPC")which reads as follows:

Procedure For Appeal

307. (1) Except in any case to which s 305 applies and subject to ss 35 and 306 any person who is dissatisfied with any judgment, sentence or order pronounced by any Magistrate's Court in a criminal case or matter to which he is a party may prefer an appeal to the High Court against that judgment, sentence or order in respect of any error in law or in fact or on the ground of the alleged excessive severity or of the alleged inadequacy of any sentence by lodging, within fourteen days from the time of the judgment, sentence or order being passed or made, with the clerk of the Magistrate's Court a notice of appeal in triplicate addressed to the High Court and by paying at the same time the prescribed appeal fee."

[12] However, s 54 of the Interpretation Acts 1948 and 1967 ("the IA")provides as follows:

"54 Computation Of Time

(1)In computing time for the purposes of any written law:

(a)a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done;

(b)if the last day of the period is a weekly holiday or a public holiday (referred to in this subsection as excluded days) the period shall include the next following day which is not an excluded day;..."

[13] Therefore, when calculating the time frame for filing an appeal, pursuant to s 54(1)(a) and (b) of the IA, the day the order is made must be excluded. Furthermore, if the final day for filing the appeal coincides with a we