"Justice should be tempered with mercy. The accused used a condom every time he committed the offence," The New Strait Times reported on Saturday quoting the rapist's lawyer.

The 49 year-old was sentenced to 36 years in jail by a sessions court in 2004 for raping his daughter between May 2003 and August 2004 while her mother was away at work.

The accused appealed against the sentence because it was his first offence and he was remorseful for his action.

"You mean it is okay to rape using a condom?" judge Tengku Baharudin responded in anger when the rapist's lawyer, S I Rajah, made the request.

The appellate court said the sentence given by the sessions court was appropriate and it would send a strong message that such an act should not be condoned.

Deputy public prosecutor Aslina Joned told the court that the victim would get USD 1.50 from her father every time he raped her.