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Thursday 30 August 2012

No jail for electrician who committed statutory rape twice

The Sun 
by Bernard Cheah

GEORGE TOWN (Aug 28, 2012): An electrician was today bound over for three years on a RM25,000 good behaviour bond after being convicted of raping his then 12-year-old girlfriend, twice last year.

In handing down the sentence, sessions court judge Nisa Abdul Aziz said Chuah Guan Jiu, 22, (pix) is still young and has a bright future ahead of him.

"According to the probation report, he does not have a criminal background," she said adding that he was not highly educated as he had dropped out of school in Form Two.

Moreover, the court had found that the sexual act was consensual between Chuah and the victim, and he had not tricked her into the act.

Chuah had been found guilty of statutory rape by the court on July 20 this year, for raping the minor, then aged 12 years and 10 months.

The offence occurred at his flat in Jalan Ru 1, Air Itam here between 7am and 1pm on July 18 last year, and between 2.25pm and 2.45pm the following day.

The offence under Section 376(1) of the Penal Code carries a jail sentence of up to 20 years' jail and whipping.

In mitigation on Monday, Chuah counsel's Yusuf Idris had asked the court not to impose a custodial sentence as his client was young and had repented for his actions.

"He has a good job now, and has many years ahead of him," Yusuf said, adding that Chuah, who lives with his parents and a younger sibling, now earns about RM30 per day.

However, Deputy Public Prosecutor Lim Cheah Yit urged the court to impose a stern punishment as the victim was a child.

"They were dating, and the accused (Chuah) should have protected her, but instead took advantage of her," he said.

Lim said claiming to be ill, Chuah had persuaded the victim to skip school and follow him to his home, which then led to the offence being committed.

The sentence handed down on Chuah today mirrored that of the Malacca sessions court in the case of national bowler Nor Afizal Azizan who was bound over for five years for good behaviour for statutory rape on his girlfriend in July last year.

The Court of Appeal in its written judgement handed down on Monday had set aside the five-year jail term imposed on Nor Afizal by the Malacca High Court which had allowed the prosecution's appeal for an enhanced sentence after the sessions court bound him over for good behaviour.

In clarifying the misconception on the sentence under Section 294 of the Criminal Procedure Code (CPC) which was generally seen by the public as a mere slap on the hand, Court of Appeal president Tan Sri Md Raus Sharif stressed that Nor Afizal had not been exonerated of the offence.

"Like the learned sessions court judge (whose decision was upheld by the Court of Appeal), we are hopeful that the suspended sentence would give the appellant (Nor Afizal) another chance in life, and that he would turn over a new leaf."

Raus said however that the observations of the Court of Appeal was not to be misconstrued as intending to have blanket application or applying to all cases involving young offenders charged with the similar offence as Nor Afizal.

1 comment:

Anonymous said...

Tuan hakim mahkamah sesyen dan mana-mana hakim bicara memang mempunyai budibicara dalam menjatuhkan hukuman. Mahkamah Rayuan lazimnya tidak akan mengusik keputusan mahkamah bicara yang mendengar dan menulis kes bicara itu secara terus/langsung melainkan hukuman itu tidak mengikut prinsip-prisnisp hukuman. apa prinsip2 itu yang digunapakainya oleh hakim itu? In Georgetown, Penang, the accused person Chuah Guan Jiu, an electrician was bound over on a good behaviour bond for statutory rape of his 12-year-old girlfriend on two occasions last year. The court had on July 20 found him guilty of raping his girlfriend, then aged 12 years and 10 months, at his flat in Air Itam between 7am and 1pm on July 18 last year, and between 2.25pm and 2.45pm the next day.
The offence under Section 376(1) of the Penal Code carries a maximum jail sentence of 20 years and whipping. Sessions judge Sitarun Nisa Abdul Aziz ordered the accused, who was 22, to be bound over for three years on a RM25,000 good behaviour bond. The learned judge took into consideration that Chuah was a young, first time offender, that the sexual act was consensual and that he is a school dropout. Sitarun Nisa said that another consideration was Chuah’s future. The DPP in charge of the case intends to appeal against the decision of the Judge.
Mengikat OKt atas kelakuan baik, Hakim itu menggunakan prinsip2 hukuman dan memandangkan dia melihat dan membicarakan sendiri kes itu, bukankah dia yang terbaik dan lebih faham bila menjatuhkan hukuman itu? Bukankah dalam Islam, hakim itu bila menggunakan ijtihadnya, jika salah keputusannya tetap dapat pahala 1, dan jika betul dapat dua pahala. Mahkamah rayuan disegi prinsipnya tidak akan mengetepikan hukuman itu hanya kerana ianya berpendapat atau mempunyai pandangan yang berbeza kerana asasnya, hukuman itu adalah budibicara hakim bicara yang mengendalikan perbicaraan itu. apapun kita tunggu apa mahkamah rayuan akan katakan nanti.

Dr Abdul Rani Bin Kamarudin