Does the law allow caning for sex offenders over 50?

Question

Accepted Answer

The law permits caning for sex offenders over 50, despite general prohibitions.

Malaysian law, specifically Section 289 of the Criminal Procedure Code, generally prohibits the caning of men who have reached the age of 50. However, this prohibition contains an explicit exception that allows for caning to be administered in cases involving sexual offences. This exception was highlighted in a recent Court of Appeal decision concerning a 72-year-old man convicted of rape.
Exception for Sexual Offences

While Section 289 of the Criminal Procedure Code establishes a general rule against caning individuals over 50, it carves out a specific exception for those convicted of sexual offences. This means that regardless of age, if the conviction is for a sexual crime, the court retains the discretion to impose caning as part of the sentence. This legal provision was central to the upholding of a sentence that included caning for a 72-year-old convicted rapist.
Court of Appeal Upholds Sentence

The Court of Appeal recently dismissed an appeal by a 72-year-old man against his conviction and sentence for the rape of a 14-year-old. The sentence imposed by the Sessions Court, which included five strokes of the cane, was unanimously upheld by the three-judge panel. Justice Datuk Mohamed Zaini Mazlan, delivering the court's decision, confirmed that the Sessions Court's findings were sound and that the appellate court found no significant errors to warrant intervention.
Background of the Case

The appellant, a former security guard, was convicted on three counts of raping the minor in Terengganu in 2019. The case involved a complex procedural history, including appeals by the prosecution and subsequent modifications to the sentencing by the High Court. Ultimately, the Court of Appeal confirmed a cumulative sentence of 24 years in prison and five strokes of the cane, underscoring the application of the exception for sexual offences in sentencing.

Reading history

Hide →

This history is cleared when the page is closed.

Does the law allow caning for sex offenders over 50?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends