Appeal against rape, sodomy conviction and sentence dismissed

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KOTA KINABALU (May 20): A High Court here on Monday dismissed an appeal by an unemployed man against his conviction and sentence for raping and sodomising his little sister seven years ago.

Justice Datuk Dr Lim Hock Leng affirmed the conviction and sentence of the 25-year-old appellant after hearing submissions from him and the respondent on Monday.

The appellant was represented by counsel Datuk Bernard J Dalinting.

On May 18, 2023, the appellant was jailed for 21 years from the date of conviction and ordered to be whipped 12 times for the first count and for the second count, he received another 12 years’ jail and seven strokes.

The total sentences are 33 years’ jail and 19 whippings. Both the jail terms were ordered to be served consecutively by the lower court.

He was found guilty of both the charges after a full trial.

The appellant was further ordered by the lower court to be placed under police supervision for three years after completing his jail sentence and to undergo rehabilitative counselling while he is in jail.

On the first count, the man had raped his sister at an unnumbered house in Kota Marudu in 2017.

On the second count, he had sodomised the same victim at the same place and in the same year.

The victim was 10 years old when the appellant committed the offences.