Jail sentence, whipping enhanced

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KOTA KINABALU: A Pakistani would spend more time behind bars after his eight years’ jail sentence for causing grievous hurt to his wife, a 41-year-old local,  was increased to 12 years by the High Court here yesterday.

JAIL TERM, WHIPPING ENHANCED: Khalid (second left) talks to his counsel Hamid after the proceedings.

Apart from substituting the jail terms, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum also enhanced 31-year-old Khalid Nawab Lal Nawab’s four strokes of the cane to six strokes.

“I am of the view that the sentence imposed on the respondent (Khalid) is grossly inadequate,” said Malanjum in allowing the prosecution’s appeal against the eight years’ jail sentence and four strokes of the cane imposed by a Sessions Court here on Khalid.

On May 7, this year, the Sessions Court imposed the jail and whipping sentence on Khalid after he pleaded guilty to causing grievous hurt to his wife with a machete at an unnumbered house in Phase 2, Telipok Ria, Tuaran at 8.53am on May 6, 2009.

He was charged under Section 326 of the Penal Code which provides for a jail term of up to 20 years and whipping, on conviction.

Earlier, senior federal counsel Salim Soib Ahmad told the court that the sentence imposed by the Sessions Court was inadequate and not suitable if compared with the injuries sustained by the victim.

“The victim would have died if the injuries she  sustained were not treated,” Salim said adding that the respondent stopped attacking his wife only after their neighbours entered the house by breaking its door.

He said the victim was lucky as her sister was in the house during the incident and she was the one who sought assistance from their neighbours.

In rebutting Salim’s submissions, Khalid’s counsel Hamid Ismail told the court that the respondent was actually a loving husband and father.

He said that a prosecution witness had testified in court that he never heard the respondent and his wife quarrel.

“The incident occurred because of something. There was no manifest error by the judge in passing the sentence. Therefore, I pray for the appeal to be dismissed and the sentence imposed by the Sessions Court to remain, “Hamid added.

In passing the sentence, Malanjum said: “This is a sad case as it involves families but this court must not lose sight that this is a serious offence being committed.”

He said that as a husband, he was supposed to protect the wife from all harm.

“A clear message must

be sent out to would be

wife beaters that if

convicted they would face the full force of the law. I find that the reason the Sessions Court judge

in sentencing the respondent as she did was on the facts that he had pleaded guilty, thus saving the court’s time.

“In my view, the time saving is a secondary issue. It is the essential point that the sentence must reflect the gravity of the offence committed. In fact the Sessions Court judge was not even sure if the respondent was provoked or not, “ Malanjum said.

He said that the sentence imposed by the lower court was grossly inadequate considering the injuries sustained by the wife, the nature of the offence, the facts and the circumstance in the case.