Indonesian’s jail sentence increased to 13 years
Published on: Thursday, November 14, 2019
By: Jo Ann Mool
KOTA KINABALU: A 23-year-old Indonesian, who was jailed 10 years for raping his underage girlfriend, saw his sentence enhanced to 13 years and also ordered to be caned three times.
High Court Judge Datuk Nurchaya Haji Arshad increased Habel Danel’s sentence in allowing the prosecution’s appeal against the inadequacy of the sentence.
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Habel was on Aug 23 this year sentenced to 10 years’ jail by the Sessions Court here after he pleaded guilty to rape the 12-year-old girl at 5am on March 30 this year at a house in Lok Kawi, Kinarut.
The offence under Section 375/376(1) of the Penal Code carries a jail term of up to 20 years and whipping on conviction.
Deputy Public Prosecutor (DPP) Hurman Hussain earlier submitted that the sentence imposed was inadequate as the offence committed was heinous where the victim was only 12-years-old.
The prosecution also submitted that Habel before committing the crime, had waited for the victim’s parents to go out before he broke into the house and entered her room.
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The prosecution also stressed that the court must be firm on evil doer adding that the trend of sentencing on such offence was at least 15 years jail and three whipping.
Habel, who was unrepresented, applied for the sentence be maintained as he had parents to look after.
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He also said that the sex was consensual.
He added that the victim was his neighbour and that her house were not locked and he waited for her parents to go out to their orchard before he went in.
Meanwhile, a 45-year-old man who was jailed 25 years plus 15 strokes of the cane, for raping his 12-year-old daughter until she became pregnant and gave birth to a baby boy, failed in his appeal against the sentence.
Nurchaya dismissed the man’s appeal and maintained the sentence imposed by the lower court.
The man had on Aug 1 this year was sentenced to 25 years’ and ordered given 15 lashes of the cane by the Sessions Court here after he admitted to raping the girl at a house in Pitas, Kudat in November 2017.
The offence under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years and whipping of at least 10 strokes of the cane upon conviction.
The unrepresented man requested for the sentence be reduced saying that it was too long and that he was the sole breadwinner of his children.
The prosecution urged the court to dismiss the appeal on the grounds that it involved public interest and that the man was the biological father of the baby.
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