This is an appeal against the decision of the High Court of Kota Kinabalu that had affirmed the sentences imposed by the Sessions Court of Kota Kinabalu on the Appellant. At the Sessions Court, the Appellant was charged with the 3 counts of rape of a fifteen-year-old girl, and at the conclusion of the trial, the Sessions Court found him guilty of attempted rape on the first count; and guilty of the offences of rape on the remaining 2 counts. The Sessions Court sentenced him to 4 years’ imprisonment for the first charge, and 11 years’ imprisonment for the other charges, all of which were to run consecutively. The Appellant stated in his appeal, as mitigation factors, that the victim and the Appellant were lovers, and that the sexual acts were consensual, that the complainant at the time of the commission of the offenses was almost 16 years old, and that the complainant has had sexual experiences with other men previously. The Court of Appeal held that the punishment imposed by the Sessions Court was fair and commensurate with the seriousness of the offenses committed by the Appellant, and the sentences were affirmed. In addition, the Appellant’s statement that the victim and the Appellant were lovers, and that the sexual acts were consensual were not deemed as mitigating factors by the Court since the victim was a minor, and the Appellant was 25 years old. In addition, the Court of Appeal stated that the Appellant’s claim that the victim had sexual experiences with other men was mischievous, irrelevant to the case, and far from attracting the sympathy of the Court, and was viewed by the Court as a lack of remorse by the Appellant with respect to his crime.
- Keywords
Year
Institution
- Type
- Jurisdiction