The High Court has increased the prison sentence of a 62-year-old man convicted of outraging the modesty of a 25-year-old woman, following a successful appeal by the prosecution.
Judicial Commissioner Muhammed Faisal bin PDJLD DSP Haji Kefli on Wednesday allowed the prosecution’s appeal against Hapandi bin Tahir’s sentence, quashing the initial eight-month jail term imposed by the Magistrate’s Court and replacing it with a 12-month custodial sentence.
Deputy Public Prosecutor Hajah Siti Mu’izzah binti Haji Sabli, representing the Public Prosecutor, argued that the Senior Magistrate had failed to give sufficient weight to the aggravating factors of the case. These included the repeated touching of the victim’s body while she was alone and trapped inside the respondent’s vehicle. The prosecution also highlighted the psychological harm suffered by the victim. The prosecution further submitted that the one-third sentencing discount, typically applied to defendants who plead guilty at the earliest stage, was wrongly granted to Hapandi, who was convicted after trial.
In his ruling, Judicial Commissioner Muhammed Faisal agreed that the original sentence was inadequate given the circumstances. He also concurred that the sentencing discount should not have been applied, as the respondent had not pleaded guilty. Consequently, the court increased the sentence to 12 months’ imprisonment. – Fadley Faisal
