Court confirms verdict against incestuous rapist

The Court of Appeal recently upheld the prison sentence of 14 years and six months for a local man convicted of raping his daughter, while criticising a procedural error by the lower court.

The accused, who was charged with two counts of rape of his daughter on April 13, 2019, initially pleaded not guilty. However, at the beginning of the trial, he changed his plea to guilty on the first count, while he was acquitted on the second count after it was withdrawn by the prosecution.

The 58-year-old man was convicted of raping his 28-year-old daughter in her bedroom at their home in Brunei-Muara district on March 9, 2020. During police questioning, the accused also admitted to raping his daughter multiple times.

When announcing the verdict, the judge referred to previous cases of similar crimes. In view of the aggravating circumstances – the crime was committed in the parental home, a breach of trust as a father and severe psychological damage to the victim – an initial sentence of 21 years in prison was considered appropriate. Due to the guilty plea, this was reduced to 14 years in prison.

Since the accused was over 50 years of age and could not be punished with caning, he was additionally given a six-month prison term, making the total sentence 14 years and six months. In considering the application, Chief Justice Dato Seri Paduka Steven Chong, together with Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley, found that the original sentence was upheld despite the accused’s plea for mitigation, citing remorse and forgiveness from his wife and mother.

The seriousness of the offence, the significant breach of trust and the impact on the victim’s psychological wellbeing were highlighted as decisive factors in the decision. Consequently, the appeal was dismissed, reinforcing the severity of the consequences for such reprehensible acts. – Fadley Faisal