The Malaysian judiciary appears to be inconsistent when it comes to sentencing offenders, with the underage rape cases starting on.
PETALING JAYA: Local courts, according to the Bar Council, seem inconsistent when they chuck the book during convicted offenders. Its president, Lim Chee Wee, pronounced this in light of the underage rape cases which have been grabbing local headlines recently.
"The four aims of sentencing have been retribution, deterrence, reconstruction as good as incapacitation," he told FMT.
Lim pronounced which in sequence to grasp this, determined legal sentencing principles would dictate how an delinquent would be punished.
It would demeanour during how deserving the delinquent was of blame, as good as how unchanging the since judgment was with sentences in similar cases.
"Consistency as good as proportionality of sentencing have been the dual many formidable aspects of sentencing as good as as both story as good as new events demonstrate, these policies have been not mostly upheld as good as the inconsistencies have been prevalent," he said.
He pronounced this after being asked to criticism upon Attorney-General Abdul Gani Patail's matter upon the new convictions of Noor Afizal Azizan as good as Chuah Guan Jiu.
Both Noor as good as Chuah were elderly 19 as good as twenty-one when they committed statutory rape upon their supposed girlfriends, who were afterwards elderly 13 as good as twelve respectively.
The twin have been bound over for RM25,000 upon great poise holds of five as good as three years each.
To this, Abdul Gani pronounced which rape offenders ! needed t o be severely punished, as good as which all major factors involving the box as good as the offence's earnest had to be considered.
Grounds of judgment
On tip of that, Gani pronounced which adults (aged 18 as good as above) should not take value of underaged children, due to maturity reasons, as good as which even if agree was since by the latter, it had to be questioned.
Though in agreement, Lim pronounced which the controversy surrounding the dual cases showed how complex sentencing was, as good as which both the open as good as polite multitude needed to be educated in this matter.
"Often times, comments have been done without the benefit of having review the drift of judgment which is necessary in sequence to understand all the facts of the case, some or all of which go towards the outcome of the sentence," he said.
On making certain which sentences were consistent, Lim suggested which Malaysia come up with the sentencing council; the process adopted by developed nations such as England as good as Australia (New South Wales as good as Victoria).
This council, he added, would give judges discipline upon how to decide upon an appropriate judgment for the since crime.
"The sentencing discipline for individual offences set out the range of sentences reflecting opposite levels of earnest as good as within any range, the starting indicate for the sentence," he said.
Lim combined which the discipline would help to beam the justice when the some-more or less serious judgment would have to be imposed.
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Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
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