Minister in the Prime Minister's Department Nazri Abdul Aziz has been challenged by DAP's Puchong MP Gobind Singh Deo to debate in Parliament his insistence that it is not necessary to amend laws pertaining to sexual assault and the rape of minors.
Gobind, a practising lawyer, is of the view that the recent controversial court decisions in cases involving statutory rape do not reflect the intentions of Parliament in making sentences mandatory.
"The question for Nazri therefore is this: Does binding-over in cases like these meet with the express intention of Parliament in making sentences mandatory?
"It is nonsensical to suggest that Parliament intended for there to be a choice for offences of the same kind. A minimum of five years and maximum of 20 years to express the seriousness of the crime but also a choice to bind-over if the accused has, for example, a 'bright future'?" Gobind asked in a statement today.
Section 376 of the Penal Code makes imprisonment of not less than five years and up to a maximum of 20 years the mandatory punishment for statutory rape.
Gobind, a practising lawyer, is of the view that the recent controversial court decisions in cases involving statutory rape do not reflect the intentions of Parliament in making sentences mandatory."The question for Nazri therefore is this: Does binding-over in cases like these meet with the express intention of Parliament in making sentences mandatory?
"It is nonsensical to suggest that Parliament intended for there to be a choice for offences of the same kind. A minimum of five years and maximum of 20 years to express the seriousness of the crime but also a choice to bind-over if the accused has, for example, a 'bright future'?" Gobind asked in a statement today.
Section 376 of the Penal Code makes imprisonment of not less than five years and up to a maximum of 20 years the mandatory punishment for statutory rape.
Memorandum submitted to government
However, it also allows the courts to impose a binding-over sentence, which was used by the judges in two controversial convictions recently.
The decisions drew flak from various quarters, including Deputy Women, Family and Community Development Minister Heng Seai Kie, who had submitted a memorandum urging the government to review the laws.
According to a report by The Star today, Nazri said he does not see anything wrong with the laws, hence there was no need to review or amend them.
"There is no need. The question here is the sentencing, and it is up to the courts to mete out the punishment," he is quoted as saying.
However, Nazri said, the judiciary had taken notice to redress and take action based on public perception.
Gobind argued that the main reason why the courts resorted to sentences of binding over the guilty in cases of statutory rape was because judges did not find it just in some cases to hand down the minimum five-year custodial sentence.
"Take for instance a case where the accused is also very young, as is the victim, and it is truly the case that they made a mistake, having not realised it was an offence and its consequences.
"It is in cases like these that the courts find it difficult to hand down the minimum five-year imprisonment term. That is why resort is made to binding-over.
"But that does not reflect the true intention of Parliament, does it?" he said.
The decisions drew flak from various quarters, including Deputy Women, Family and Community Development Minister Heng Seai Kie, who had submitted a memorandum urging the government to review the laws.
According to a report by The Star today, Nazri said he does not see anything wrong with the laws, hence there was no need to review or amend them.
"There is no need. The question here is the sentencing, and it is up to the courts to mete out the punishment," he is quoted as saying.
However, Nazri said, the judiciary had taken notice to redress and take action based on public perception.
Gobind argued that the main reason why the courts resorted to sentences of binding over the guilty in cases of statutory rape was because judges did not find it just in some cases to hand down the minimum five-year custodial sentence.
"Take for instance a case where the accused is also very young, as is the victim, and it is truly the case that they made a mistake, having not realised it was an offence and its consequences.
"It is in cases like these that the courts find it difficult to hand down the minimum five-year imprisonment term. That is why resort is made to binding-over.
"But that does not reflect the true intention of Parliament, does it?" he said.
Appeal the cases, AG's Chambers urged
Gobind said if Parliament felt the sentence was mandatory, then the section should be amended to exclude the application of binding-over sentences.
But if Parliament feels that a five-year minimum term is too harsh in some cases, he elaborated, then the minimum period should be reconsidered and adjusted accordingly.
"This must then be a matter that must be carefully considered and debated in Parliament, taking into account all views expressed by all quarters concerned.
"I have raised the matter in my questions in Parliament. I challenge Nazri to a debate on it in Parliament. I am certain I will be able to make him see the logic of it all then, if he hasn't already hereafter," he said.
Gobind also reiterated his call to the Attorney-General's Chambers to file a review in the Court of Appeal against the sentences in the two recent statutory rape convictions, and to consider the need to move Parliament for an amendment to these laws, if necessary.
But if Parliament feels that a five-year minimum term is too harsh in some cases, he elaborated, then the minimum period should be reconsidered and adjusted accordingly.
"This must then be a matter that must be carefully considered and debated in Parliament, taking into account all views expressed by all quarters concerned.
"I have raised the matter in my questions in Parliament. I challenge Nazri to a debate on it in Parliament. I am certain I will be able to make him see the logic of it all then, if he hasn't already hereafter," he said.
Gobind also reiterated his call to the Attorney-General's Chambers to file a review in the Court of Appeal against the sentences in the two recent statutory rape convictions, and to consider the need to move Parliament for an amendment to these laws, if necessary.
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