The government is considering the formation of a sentencing council to "standardise" the sentences meted out by the courts.

NONE Nurul Izzah Anwar (PKR-Lembah Pantai, right )) was told this in the Dewan Rakyat today, in response to her question on statutory rape.

Mohd Nazri Abdul Aziz, the Minister in the Prime Minister's Department, said Chief Justice Ariffin Zakaria has agreed in principle to the proposal.

"At the preliminary level, the chief justice is of the view that a sentencing council as proposed by Lembah Pantai (Nurul Izzah) is possible, if the executive agrees. But the council can only standardise sentencing,” said Nazri.

"In the case of (the national bowler convicted of statutory rape), we cannot revisit the sentence. It cannot be corrected. It is beyond us.”

Nazri, who is de facto law minister, also said the council cannot review previous sentences, as this would add another tier to the appeal system.

"So a council to review court decisions cannot be formed, but a council to standardise (sentences), as mentioned by Lembah Pantai could be implemented," he added.

Nurul Izzah had suggested that the government mirrors the UK sentencing council, which standardises sentences for certain crimes including statutory rape.

“The maximum penalty for rape of a girl under the age of 13 under the UK Sexual Offences Act 2003 is life imprisonment,” she said.

NONE Replying Liang Teck Meng (BN-Simpang Renggam), Nazri (left) clarified that national bowler Nor Afizal Azizan and electrician Chuah Guan Jiu were “not freed” after being convicted of statutory rape.

“They were sentenced, and placed on a bond of good behaviour. But this still means they are convicted,” he said.

Liang had also asked if the government may consider revising the law to bring in a mandatory punishment for statutory rape.

“I'd like to state that this offence already carries a mandatory sentence, that is imprisonment of a minimum of five years and a maximum of 20 years,” Nazri said.

“What happened (in the two cases) is that the court used Section 294 of the Criminal Procedue Code (CPC) to impose a bond.

“But the penalty is at least five years’ imprisonment, so if the bowler commits any other offence, he will be automatically jailed.”

Memorandum submitted

Nazri said that from 2007 to August 2010, a total of 5,976 statutory rape cases had been brought to court, involving 5,119 alleged perpetrators. 

Of those charged, 1,631 were convicted, 327 were acquitted, and 446 were given a discharge not amounting to an acquittal.

Nazri received a memorandum today from the women's division of the Kuala Lumpur and Selangor Chinese Assembly Hall and other NGOs on the same matter.

The NGOs called for an amendment to Section 376 of the Penal Code to exclude the bound-over provision in Section 294 of the CPC for statutory rape convictions.

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