PUTRAJAYA: The Court of Appeal has imposed the maximum 14-year sentence on a man for inflicting grievous injuries on his then-pregnant wife, leaving her in a coma, five years ago.
A three-member bench comprising Justices Datuk Azman Abdullah, Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid also ordered Rosmaini Abd Raof to pay RM25,000 in compensation to the victim through her sibling, or face a further six months’ imprisonment in default.
On Monday (May 4), the court dismissed Rosmaini's appeal to overturn his conviction and allowed the prosecution’s cross-appeal to increase the jail sentence from 10 to 14 years, the maximum under Sections 325 and 326A of the Penal Code.
Rosmaini, 43, was ordered to begin serving his sentence from today. He had previously been released on RM25,000 bail pending the outcome of his appeal.
He was convicted of intentionally causing grievous hurt to Jahidah Nordin, 48, a former wildlife enforcement officer, at an apartment in Kampung Aman, Larkin, Johor Baru, at about 6am on May 4, 2021.
Delivering the judgment, Justice Noorin said the original 10-year sentence was insufficient given the devastating impact of the injuries, which amounted to the destruction of the victim’s life.
She said the victim has lost the ability to function meaningfully.
The court held that the maximum sentence was warranted in light of the extreme violence involved, the permanent and severe consequences suffered by the victim, her pregnancy at the time, the impact on the child, and public interest in curbing domestic violence.
"The facts reveal a brutal and sustained assault by a husband on his pregnant wife.
"The level of violence was so severe that the victim remains in a persistent vegetative state to this day," she said.
Justice Noorin noted that victim impact evidence described the woman as a "living corpse”, requiring full-time care for years with no hope of recovery and complete dependence on others for basic needs.
"The consequences of Rosmaini’s actions extend beyond the victim to the child she was carrying.
"The child suffers from developmental delays and disabilities as a result of the incident. This case involves the destruction of two lives," Justice Noorin added.
The court also found that Rosmaini’s action in contacting a former neighbour for help, admitting to a quarrel, avoiding involvement at the hospital and absconding for a prolonged period, indicated consciousness of guilt rather than the actions of an innocent person facing a medical emergency.
Medical evidence showed the victim suffered extensive injuries, including intracranial bleeding, multiple fractures and severe trauma consistent with repeated assaults.
On Dec 9, 2024, the Sessions Court convicted Rosmaini and sentenced him to 10 years’ imprisonment. The High Court upheld the decision on Nov 4 last year. – Bernama
