Sexual assault: The court returned a 10-year prison sentence against the trader
Named
September 29, 2023
Judge Vazeer said taking into account sentencing trends, a 10-year prison sentence was appropriate for the offence. - File photo/Bernama
Sexual assault: The court returned a 10-year prison sentence against the trader
PUTRAJAYA: The Court of Appeal here today returned the decision of the Sessions Court which sentenced a businessman to 10 years in prison for physically sexually assaulting his 12-year-old stepson, two years ago.
The 40-year-old man was also given four strokes of the cane.
This follows the decision of a panel of three Court of Appeal judges consisting of Datuk Vazeer Alam Mydin Meera, Datuk Azhahari Kamal Ramli and Datuk SM Komathy Suppiah who allowed the prosecution's appeal to reinstate the Sessions Court decision.
The prosecution filed an appeal against the High Court's decision which reduced the man's sentence to seven years in prison.
In setting aside the High Court's decision, Judge Vazeer said the High Court had erred when it reduced the prison sentence from 10 years to seven years.
He said the seven-year prison sentence was low and the High Court should have considered the family relationship between the offender and the victim.
Judge Vazeer said taking into account sentencing trends, a 10-year prison sentence was appropriate for the offence.
On 15 July 2021, the man pleaded guilty to two charges of physical sexual assault on the Year Six student at a house in Banting, Selangor on 17 April and 9 May of the same year and the Sessions Court sentenced him to 10 years in prison with two lashes for each charges.
However, the court ordered the two sentences to run concurrently, meaning the man had to serve 10 years in prison and receive four lashes.
He was charged under Section 14(a) of the Sexual Offenses Against Children Act 2017 and read together with Section 16(1) of the same act. Section 14(a) provides for a maximum prison sentence of 20 years and caning on conviction.
On June 28 last year, the High Court allowed the man's appeal and reduced the prison sentence to seven years. However, the court upheld the lashing sentence, prompting the prosecution to file an appeal to the Court of Appeal.
Deputy Public Prosecutor P. Sarulatha said the High Court did not take into account Section 16(1) of the Sexual Offenses Against Children Act.
The section states that a person who has a family relationship with the child, in addition to the punishment for the offence, shall be punished with imprisonment for a term not exceeding five years and shall be subjected to whipping of not less than two lashes.
Lawyer Muhamad Izwan Ishak from the National Legal Aid Foundation who represented the man asked the court to uphold the seven-year prison sentence.
He said it was based on a case by the Ipoh High Court which sentenced an accused who faced the same charges as his client to eight years.
-- BERNAMA
