A three-member Court of Appeal bench chaired by Justice Ahmad Zaidi Ibrahim dismissed 44-year-old Hassan Ahmad’s appeal to have his 20-year and 10-year prison terms for the rape charges run concurrently.
Zaidi ruled that the offences were committed separately and, therefore, the sentences must be served consecutively.
“You are fortunate that the prosecution did not file a cross-appeal, as the maximum penalty for the offence is higher,” he told Hassan.
“The facts show that the crime was committed during the fasting month and your actions were cruel,” he said, in upholding the imprisonment and caning imposed by the sessions court and affirmed by the High Court.
The bench, which also comprised Justices Azman Abdullah and Noorin Badaruddin, upheld the sessions court’s order for Hassan to receive 20 strokes of the cane.
Hassan had sought to have the sentences for his rape offences run concurrently, which would have reduced his total imprisonment to 20 years.
He did not appeal the three-year sentence imposed for trespassing into the victim’s apartment.
On Aug 16, 2023, Hassan pleaded guilty in the sessions court to two charges of raping a 40-year-old woman at a government housing unit in Ipoh, Perak.
The first offence occurred between 10pm on April 17 that year and 1.47am the following day, and the second offence took place between 5.30am and 6.30am on April 18, 2023, at the same location.
The sessions court sentenced him to 20 years in prison and 10 strokes of the cane for the first charge, and 10 years with 10 strokes of the cane for the second.
The court then ordered him to serve the 10-year sentence after the completion of his 20-year term.
For the trespass offence, the sessions court sentenced Hassan to three years in prison to be served consecutively after completing his rape sentences.
His appeal against the prison sentences was dismissed by the High Court on May 14, 2024.
During proceedings today, deputy public prosecutor Afzainizam Abdul Aziz urged the Court of Appeal to uphold the sentences imposed by the sessions court.
Afzainizam described the crime as particularly heinous, given that the appellant had previously entered the victim’s home to install a cabinet.
He said that on the day of the incident, the appellant broke into the victim’s house, hid inside a bedroom closet and later held a knife to her neck, threatening to kill her.
Hassan’s lawyer, S Kumaresan, appealed for the two rape offence sentences to run concurrently.