Kota Kinabalu: A 47-year-old man failed in his appeal against his 18-year sentence for raping his girlfriend’s disabled daughter.
Court of Appeal Justices, Datuk Ravinthran Paramaguru, Datuk Che Mohd Ruzima Ghazali and Datuk See Mee Chun, dismissed Yong Siew Fui’s appeal after going through the submission by his counsel and the prosecution as respondent.
The court also affirmed the High Court’s decision imposed on Yong.
Yong was appealing against the High Court’s decision to enhance the 15 years imprisonment sentence imposed by Sessions Court to 18 years.
Yong was on Jan 24, 2020 sentenced to 15 years’ jail plus six strokes of the cane by the Sessions Court here after a full trial where he was found guilty of raping a 15-year-old girl at midnight on May 17, 2018 at a rented room in Bandar Baru Penampang.
The offence, under Section 376(2)(K) of the Penal Code, carries a jail term of between 10 and 30 years, and whipping, on conviction.
The High Court on Aug 26, 2020 allowed the prosecution’s appeal against the inadequacy of the sentence imposed on Yong by the Sessions Court and enhanced the jail sentence to 18 years.
The court maintained the whipping sentence handed to Yong.
Yong was represented by duty counsel David Tan while Deputy Public Prosecutor Samihah Rhazali appeared for the prosecution as respondent.
