ATTORNEY GENERAL'S CHAMBERS
PRESS RELEASE
Saturday, 1st February 2025
Public Prosecutor v. F Bin D
(HCCT/3/2023)
On 30th January 2025, a 51-year-old local man was sentenced to 25 years and 6 months' imprisonment by the High Court of Brunei Darussalam for having committed the offence of rape against his own granddaughter, aged 6 years old[HRbHAR1] .
The Defendant, married with 10 children, is the head of family and also the maternal grandfather of the Victim, Miss X. At the time of the commission of the offence, the Defendant and Miss X were living together, with other members of the family. The Defendant had committed the heinous act on Miss X in one of the bedrooms of the said house.
The sexual abuse came to light sometime in January 2023, when Miss X's mother noticed that Miss X was acting strangely. Upon asked by her mother about her change in behaviour, Miss X then confided in her mother and revealed the Defendant's atrocious sexual act on her. Acting swiftly, Miss X's mother lodged a police report, leading to a thorough investigation by the Women and Children Abuse Investigations Unit of the Criminal Investigations Department, Royal Brunei Police Force. Investigations uncovered incriminating evidence from Miss X and other witnesses, as well as a gynaecological report of Miss X.
The Defendant was charged in the High Court and had pleaded not guilty to a charge of rape under Section 376(3)( c) of the Penal Code, Chapter 22 and went for trial. Deputy Public Prosecutor Nor Ádliatul Hidayah binti Hj Mohd Zaidi called 8 witnesses, including Miss X. Given Miss X's very young age and limitations, her evidence at trial was elicited through her oral evidence and a video recording of her interview taken during police investigations. The Defendant was duly convicted upon completion of the trial by the Honourable Judicial Commissioner Muhammed Faisal bin PDJLD DSP Haji Kefli.
In its submissions, the Prosecution emphasised the overwhelming aggravating factors in the case. The Prosecution emphasised the Defendant's gross breach of trust as a grandfather to Miss X, highlighting how he exploited her vulnerability due to her tender age. Moreover, the incident occurred in their family home, a place where Miss X should have been protected and felt safe.
As the Defendant is above 50 years old, under section 258 of the Criminal Procedure Code, Chapter 7, he is exempted from whipping. As such, the High Court imposed 6 months' imprisonment in lieu of whipping. In delivering the sentence of 25 years 6 months' imprisonment, the Honourable Judicial Commissioner Muhammed Faisal bin PDJLD DSP Haji Kefli remarked that the severe punishment is to serve as deterrence to the Defendant and others on the seriousness of incestuous rape.
