884 Malayan Law Journal [2011] 7 MLJ succeeded in proving its case against the accused person beyond reasonable doubt on both the said charges in this case, as envisaged under s 182A(2) of the Criminal Procedure Code. [58] Premised on the above, I therefore had convicted the accused as per the charges as preferred against him on the 7 September 2009. Having heard learned counsel on the 8 September 2009 on mitigation for the rape offence, I had sentenced the accused, Muhammad Rasid bin Hashim to 18 years imprisonment and five strokes of the rotan under s 376 of the Penal Code, as I could not see much in the plea of mitigation submitted on his behalf which would justify me to be lenient to him. Indeed, under the circumstances of this case, the element of violence was easily visible on account of the evidence as adduced before this court and on the balance of justice public interest would be better served by imposing the sentence which this court had imposed on the accused. To my mind, that sentence had in it both the punitive and deterrent elements so as to punish the accused as well as to deter would-be offender. I had ordered too, that the sentence of 18 years imprisonment for the offence of rape in P11 to run effective from the date of the arrest of this accused person. For the offence of murdering Siti Zawiah bte Sudin, I had sentenced him to death, under s 302 of the same Penal Code, by hanging. A B C D E Accused convicted for the offence of rape and sentenced to 18 years imprisonment and five strokes of the rotan and convicted for the offence of murder and sentenced to death by hanging. Reported by Kohila Nesan F G H I