PUTRAJAYA: The Court of Appeal on Tuesday (Nov 10) upheld the 12-year jail sentence and nine strokes of the cane imposed on a former physical education (PE) teacher for three counts of physical sexual assault on his former student four years ago.
A three-man bench chaired by Justice Noorin Badaruddin dismissed Mohd Hamizan Nawai's appeal against conviction and sentence, ruling that there was no reason to disturb the findings made by both the Sessions Court and the High Court.
"The decisions of both the Sessions Court and the High Court are upheld," she said.
Justice Noorin, sitting with Justices Meor Hashimi Abdul Hamid and Amarjeet Singh, issued a warrant of committal for Mohd Hamizan to begin serving his sentence Tuesday.
Mohd Hamizan, 49, had previously obtained a stay of execution of the sentence and was released on RM13,000 bail with one surety pending disposal of his appeal.
On May 9, last year, the Teluk Intan Sessions Court found him guilty on three charges of physically assaulting the 15-year-old girl, who was his student then, on three separate occasions at a house in Batang Padang, Perak, in April, May and June 2022.
The court sentenced him to 11 years' imprisonment with one stroke of the cane for each charge, with the sentences for each charge ordered to run concurrently.
He was also sentenced to an additional one year's imprisonment and two strokes of the cane for an offence under Section 16(1) of the Sexual Offences Against Children Act 2017.
The section provides for punishment if an offender commits a sexual crime while holding a position of trust over a child.
On Feb 6 this year, the Ipoh High Court affirmed the Sessions Court's decision.
During Tuesday's proceedings, Mohd Hamizan's lawyer, Muhamad Syahri Adnan, argued that there were inconsistencies in the victim's testimony regarding the dates on which the incidents allegedly occurred.
Deputy public prosecutor Mariah Omar, however, countered that the victim's testimony was legally sound and supported by documentary evidence and strong corroborative witness testimony. - Bernama
