The Sun
by Bernard Cheah
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:
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
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