Man gets 23 years and 15 strokes for raping daughter

Kota Kinabalu: A 37-year-old man who raped his 13-year-old daughter was jailed 23 years and ordered given 15 strokes of the cane.

Sessions Court Judge Elsie Primus meted out the sentence to the man, after ruling that the prosecution had proven its case beyond reasonable doubt.

The man was found guilty of committing incest against his daughter on April 7, 2018 at 9am at a house in Lok Kawi.

He was convicted under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years, and whipping, on conviction.

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The court ordered the man to serve the jail sentence from the date of his conviction.

However, the court dismissed the man’s application for a stay in execution of his sentence pending appeal against the decision to the High Court as there was no special reasons and circumstances that warrant it.

Nine prosecution and three defence witnesses were called during the hearing.

Deputy Public Prosecutor Rustam Sanip conducted the prosecution while counsel Rakhbir Singh defended the man.

Meanwhile, a 32-year-old man was fined RM1,200 in default 30 days’ jail for selling electronic cigarette (e-cigarette) liquid that contained controlled item, nicotine.

Sessions Court Judge Noor Hafizah Mohd Salim handed down the sentence to Mohd Al-Rashid Tawasil who admitted to the charge against him.

Mohd Al-Rashid was found selling the poison in the form of a bottle of Bangsawan Mango Grape 65ml which contained nicotine, to Muhammad Soo.

The offence took place at 3pm on Jan 29, 2018 at the Vape Empire Distribution in Wisma Sabah, Jalan Tun Razak, here.

Mohd Al-Rashid was charged under Section 16 (1) of the Poisons Act 1952, which provides a cup to RM3,000 or imprisonment for up to one year, or both, on conviction.

During mitigation, counsel Dominic Chew who defended Mohd Al-Rashid, asked for a minimum sentence to be imposed on his client as it was his first offence.

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Chew informed the court that his client was remorseful.

However, Prosecuting Officer Muhammad Hafifi Zainal Abidin from the Pharmacy Department, urged the court to hand down an appropriate sentence.

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