PUTRAJAYA: The Court of Appeal on Monday upheld a nine-year jail sentence and two strokes of the cane imposed on a former Arab language teacher of a primary school for physical sexual assault on a 10-year-old male student.
This followed a decision by a three-judge panel of the Court of Appeal led by Datuk Ahmad Zaidi Ibrahim in dismissing the appeal by Mohd Shahril Shaffie, 38, against his conviction and sentence handed down by the Putrajaya Sessions Court in 2020.
Judge Ahmad Zaidi in a unanimous decision said the court found that Mohd Shahril’s appeal had no merit.
He said there was also no error by the trial judge in sentencing Mohd Shahril to nine years in prison and be given two strokes of the cane and the sentence was upheld by the Kuala Lumpur High Court in February last year.
Ahmad Zaidi said the court disagreed with the appellant's lawyer that the sentence handed down by the trial judge was excessive.
"In this case, the appellant is a teacher who is entrusted to guide children but has abused his position to the extent that the victim is traumatised and the reputation of the school is also affected as a result of the appellant's actions.
"The offence committed by the appellant is serious. Therefore, the appellant's appeal against the conviction and sentence is dismissed," said Judge Ahmad Zaidi who also ordered Mohd Shahril to serve the prison sentence starting Monday (Sept 23).
Also on the panel were Court of Appeal Judge Datuk Azmi Ariffin and High Court Judge Datuk Noorin Badaruddin.
Mohd Shahril was found guilty of committing physical sexual assault on the boy by holding the victim's private part between 12.15pm and 12.45pm on Nov 22, 2018, at his (accused) home in Subang Bestari, Shah Alam.
The charge was framed under Section 14 ( a) of the Sexual Offenses Against Children Act 2017.
On Sept 30, 2020, the Special Courts for Sexual Crimes against Children found Mohd Shahril guilty of committing physical sexual assault on the 10-year-old boy and sentenced him to nine years in jail and two strokes of the cane.
Judge Yong Zarida Sazali also ordered Mohd Shahril to undergo rehabilitation counselling for eight years and be under police supervision for three years after completing his prison sentence.
Deputy Public Prosecutor Mohamad Arif Aizuddin Masrom appeared for the prosecution while lawyer Aqbal Shiffudin Adnan Sallehuddin represented Mohd Shahril. - Bernama
