A three-member Court of Appeal bench chaired by Kamaludin Md Said, said Lim Lian Kiat should consider himself “very lucky” as the High Court only imposed a five-year jail term and two strokes of the rotan following an appeal by the prosecution.

“Rape is a very serious crime and the five-year jail term is very reasonable bearing in mind the law now allows for imprisonment of up to 30 years,” the judge said after dismissing Lim’s appeal against the sentence.

The other judges on the panel were Nordin Hassan and Hashim Hamzah

The court also heard that Lim, who was 19 at the time, took with him another person who watched the sexual intercourse. He committed the offence in a room at an apartment in Bentong, Pahang at about 9am on Sept 29, 2018.

The sessions court had first bound him over and ordered Lim to perform 240 hours of community service within two years. Lim had spent about 100 hours in community service when the High Court reversed the ruling and jailed him.

Lawyer Jay Moy Wei Jiun said the prosecution during the trial did not present any aggravating factor to press for a deterrent sentence.

“This is a case of a boyfriend and girlfriend relationship. There was also no element of force although Lim was charged with statutory rape,” he said.

Deputy Public Prosecutor Wong Poi Yoke submitted that Lim knew the girl two months earlier via WeChat and then brought her to the apartment to commit the crime.

“Worse, the appellant brought along another person who watched the rape being committed,” she said.

Wong said that, in the past, non-custodial sentences were imposed on youthful offenders for rape with older girls but the jail term should be maintained based on the peculiar circumstances of this case.