PUTRAJAYA: A labourer who pleaded guilty to raping a civil servant twice and unlawfully entering her home has been sentenced to 33 years in prison and 20 strokes of the cane.
The Court of Appeal, in a decision delivered Friday (March 21) by a three-member bench led by Justice Datuk Ahmad Zaidi Ibrahim, dismissed Hassan Ahmad's appeal to have his 20-year and 10-year prison terms for the rape offences run concurrently.
Justice Ahmad Zaidi ruled that the offences were committed separately and, therefore, the sentences must be served consecutively.
"You are fortunate that the prosecution did not file a cross-appeal, as the maximum penalty for the offence is higher. The facts show that the crime was committed during the fasting month and your actions were cruel," he said in upholding the imprisonment and caning imposed by the Sessions Court and affirmed by the High Court.
The bench, which comprised Justices Datuk Azman Abdullah and Datuk Noorin Badaruddin, also upheld the Sessions Court's order for Hassan to receive 20 strokes of the cane.
Hassan had sought to have the sentences for his rape offences run concurrently, which would have reduced his total imprisonment to 20 years.
However, he did not appeal the three-year sentence imposed for trespassing into the victim's apartment.
On Aug 16, 2023, Hassan, 44, pleaded guilty before the Sessions Court to two charges of raping a 40-year-old woman in an Ipoh, Perak government housing.
The first rape occurred between 10.00pm on April 17, 2023, and 1.47am the following day, while the second offence took place between 5.30am and 6.30am on April 18, 2023, at the same location.
The Sessions Court sentenced him to 20 years imprisonment and 10 strokes of the cane for the first charge and 10 years with 10 strokes of the cane for the second.
The court then ordered him to serve the 10-year sentence after the completion of the 20-year term.
For the trespass offence, the Sessions Court sentenced Hassan to three years imprisonment, to be served consecutively after completing his sentences for the rape convictions. His appeal against the prison sentences was dismissed by the High Court on May 14, 2024.
During the proceedings Friday, deputy public prosecutor Afzainizam Abdul Aziz urged the court to uphold the sentences imposed by the Sessions Court, describing the crime as particularly heinous, given that the appellant had previously entered the victim's home to install a cabinet.
He said that on the day of the incident, the appellant broke into the victim's house, hid inside a bedroom closet and later held a knife to her neck, threatening to kill her.
Meanwhile, Hassan's lawyer S Kumaresan from the Teluk Intan National Legal Aid Foundation appealed for the two rape offence sentences to run concurrently. - Bernama
