'What's the make make use of of of orthodox rape law then?' one counsel asks, while fasten others in urging the AG to seek the examination of the decision.
PETALING JAYA: Several lawyers have cursed the new Court of Appeal preference with regard to the inhabitant bowler convicted of raping the minor. The lawyers asked the Attorney General's Chambers to appeal the argumentative preference of the three-judge row to giveaway ten-pin kegler Noor Afizal Azizan despite him pleading guilty to carrying sex with the 13-year-old girl, citing his "bright future".
While acknowledging which the justice could confirm things during its own discretion, rapist counsel Cheow Wee stressed which the current statute sent the wrong message which "certain people get specialtreatment".
"The approach the judgment was reported, it seems which he was special. Now you have been telling the public, you can have sex with any one under sixteen if you have been the large celebrity or bowler, as well as not put him behind bars. Where do you draw the line then? Who has the bright destiny as well as who doesn't future?"
"The AG should examination this. Might as well do away with the law. If in all cases of orthodox rape, the delinquent starts arguing which the justice should make make use of of the same discretion, how many fellows will be walking the streets?" he said, adding which this was the initial time he had heard of such the decision.
Cheow pronounced the fact which it was consensual cannot even request as the defence because it was the orthodox rape box [where the plant is sixteen as well as below].
"In the standard ! rape cas e, the defence could still try to infer the component of consent. But [for orthodox rape] this is the despotic orthodox offence, where consent, according to the provision, is notan issue. It should be factored out entirely," he said.
'Court done an blunder in law'
Meanwhile, an additional rapist counsel Baljit Singh Sidhu pronounced the Court of Appeal had "made an blunder in law".
"The open seductiveness here cannot outweigh any other interest. Offences of such inlet have been not supposed by any cranky section of society," he told FMT.
"The offence committed by him is really critical it cannot be considered for plea bargaining," he said.
He pronounced the AG contingency now, pursuant to Article 145 as well as Section 376 of the Criminal Procedure Code, take into comment open seductiveness as well as make an duplicate to examination it.
"AG's peerless seductiveness is to take caring of open interest," he added.
Activist-lawyer Fadiah Nadwa Fikri from Lawyers for Liberty pronounced she concluded with the in front of of women's groups which criticised the appeals court, observant the law upon orthodox rape was there toprotect minors, as well as not the offenders.
"This is orthodox rape as well as the lady is the minor. We should follow what the law says. While you additionally demeanour during the inlet as well as sobriety of the offence, to strengthen minors, you have to be some-more despotic in commanding punishments. Consent is irrelevant, this is simply still rape, under the law," she said.
Adding which the preference was peculiar, Fadiah compared this box to the new High Court preference to judgment blogger Amizudin Ahmat to three months' jail.
Amizuddin, who blogs atsharpshooterblogger.blogspot.com, was found guilty of contempt of justice by breaching the justice sequence barri! ng him f rom edition articles defaming the Information, Communications as well as Culture Minister Rais Yatim.
"Even the contempt of justice case, the chairman is locked up for three months as well as the rape
box is dealt with as such? You have to balance out the seductiveness of the minor, the plant in the case. In this case, we believe the judges have used their option wrongly. It is really scary," she said.
Issue to be raised in Parliament
Yesterday, DAP counsel Gobind Singh Deo had urged the AG to file for the examination of the court's decision.
The Puchong MP pronounced he would raise the emanate when Parliament resumed next month.
"The justice contingency afterwards give full reasons which contingency be done accessible to the open for either affirming or setting in reserve the pronounced decision," he was quoted as saying.
Last Thursday, it was reported which the Court of Appeal, headed by Justice Raus Md Sharif, overturned the Malacca High Court preference done in Sept 20, 2011 to prison Noor Afizal for 5 years. Also upon the row were judges KN Segara as well as Azhar Ma'ah.
Instead, it authorised the petition by the diver to revive an earlier preference by the Sessions Court which had usually firm him over for great poise for 5 years to the sum of RM25,000.
Both the Sessions Court as well as the Court of Appeal had considered the fact which sex was consensual as well as which Noor Afizal was the first-time delinquent as well as no typical person.
The 21-year-old bowler, 18 during the time of the offence, had pleaded guilty upon Jul 5 last year to raping the 13-year-old lady during the hotel in Air Keroh in 2009.
Lawyers noted which when the justice firm someone for great poise for 5 ! years, i t meant which the delinquent walked free, with the jot down of conviction.
"If he is found to dedicate an additional offence, he can be brought to justice again to examination the court's in front of upon the initial offence. The justice can ask him because he shouldn't be sentenced based upon his initial offence. But if he is not caught, the down payment will be refunded, end of matter," pronounced one lawyer.
Statutory rape, or sexual attack opposite the lady elderly next sixteen with or without agree is punishable with up to twenty years prison as well as whipping.
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Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
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