Sexual assault: He appeals for shorter jail term, gets 20 years instead


PUTRAJAYA: A self-employed man who appealed for a shorter prison sentence for physically and sexually assaulting his four-year-old niece had his sentence increased to 20 years by the Court of Appeal on Tuesday (Sept 8).

A three-judge panel led by Justice Datuk Azman Abdullah said the court invoked Section 60 of the Courts of Judicature Act 1964 to increase the sentence imposed on the 45-year-old man.

Delivering the unanimous decision, Justice Azman said the increased sentence served as a warning to the appellant and society at large not to take lightly any opportunity to commit any offences, particularly sexual offences against young children.

For the sexual assault offence, the panel increased the jail term from 10 years to 15 years. 

The court also increased the two-year jail term imposed on him under Section 16 (1) of the Sexual Offences against Children Act 2017 to five years.

Justice Azman ordered the sentences to run consecutively, bringing the man’s total prison term to 20 years.

The panel, also comprising Justices Datuk Hayatul Akmal Abdul Aziz and K. Muniandy, however, maintained the five strokes of rotan imposed on the man by the Klang Sessions Court.

The court also upheld the Sessions Court’s order for the man to undergo counselling during his imprisonment and to be placed under police supervision for two years after completing sentence.

Previously, the man was sentenced to 12 years’ imprisonment and five strokes of rotan by the Sessions Court on Dec 22, 2022, and the decision was upheld by the High Court on Nov 18 last year.

At the proceedings today, lawyer K.A. Ramu told the court that his client is proceeding with his appeal against the sentence but withdrawing his appeal against conviction. He said he had initially advised his client against pursuing the appeal, but the man insisted on doing so.

Ramu then urged the court to reduce the sentence to between seven and eight years.

Deputy Public Prosecutor Solehah Noratikah Ismail, however, said the man’s decision to proceed with the appeal showed that he was not remorseful. She further urged the court to invoke Section 60 to increase the sentence.- Bernama

 

 

 

 

 

 

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