Brunei Court of Appeal upholds 30-year prison sentence and flogging of man for raping his cousin’s daughter

BANDAR SERI BEGAWAN (Borneo Bulletin/ANN): Brunei’s Court of Appeal recently rejected a request for a reduced sentence by a man convicted of raping his cousin’s daughter.

On 6 December 2021, the accused pleaded guilty in the High Court to four counts of sexual assault against his cousin’s daughter, including rape, causing a person under 16 to watch a pornographic video and two further counts of rape. He was sentenced to 30 years in prison and 24 strokes of the cane.

The Court of Appeal found that four aggravating circumstances played a role in the reasoning behind the verdict: the young age of the victim, the gross breach of trust by the appellant, the repetition of the offences and the fact that the appellant was a police officer at the time the offences were committed.

The 44-year-old applicant appealed against a reduction in sentence, mainly on the grounds that his family would be in distress without his support.

The decision expressed sympathy for the appellant’s wife and young children, but reiterated that family difficulties have no bearing on sentencing for serious crimes. The Court of Appeal found the sentences appropriate and not manifestly excessive.

“The combination of the defendant’s rape of the victim at the age of nine, the repetition of the offenses over several years, the abuse of trust by the victim’s parents and the defendant’s status as a police officer justified a harsh sentence,” the appeals court found.

“The crimes committed against a young girl over several years are likely to have caused psychological trauma,” the appeal court concluded.

Before the trial, the Court of Appeal also found that the prosecution had failed to obtain a report on the victim’s trauma.

The appeal was dismissed. The court stressed that the prosecution was obliged to provide a complete picture in future cases. – Borneo Bulletin/ANN