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Court dismisses appeal from incestuous sex offender

The Court of Appeal yesterday upheld a High Court decision in handing a sentence of 30 years’ imprisonment with 15 whippings for incestuous sexual offences he committed against his two young daughters.

Presiding Chief Justice Dato Seri Paduka Steven Chong, flanked by Justices Michael Peter Burrell and Conrad Seagroatt, said the sentence passed is “justifiable by the collective weight of the aggravating factors present”.

Deputy Public Prosecutor Rozaimah Abdul Rahman and Prosecutor Atiyyah Abas assisted the appellate court in responding to the appeal, providing case laws and objecting to the application.

The case has been set as a new sentencing guideline for incestuous rape cases, departing from another case fixed 20 years ago, making it a landmark case. After a trial, the appellant was convicted of raping his then 14-year-old daughter on two counts; sexually assaulted the same victim at 15 years of age by performing a sexual act on her on three counts; causing her to watch a pornographic video on one count; and sexually assaulting her by inserting an item into her private parts on one count.

He had also been found guilty of sexually abusing his 12-year-old daughter on one count by performing sexual acts on her; and raping her on two counts.

Messrs Ridzlan and Co’s counsel Nuratikah Haji Omar representing the appellant, challenged the sentencing court’s findings, citing that the sentences were excessive considering the appellant being a first offender.

“The 10 separate offences were committed by the appellant over a period of some three years (between 2017 to 2019) against his two young daughters in the family home and there was a shocking level of depravity in his actions,” the court concluded in dismissing the appeal. – Fadley Faisal