Kota Kinabalu: A 44-year-old labourer was sentenced to 13 years in jail and three strokes of the cane by the Sessions Court, here, Friday for committing a sexual offence against a five-year-old boy.
Sessions Court Judge Zaini Fisher @ Fisal imposed the sentence on Azman Sham Lakim after finding him guilty at the end of the defence case.
The court found that the prosecution had successfully proved the case beyond reasonable doubt, while Azman failed to raise reasonable doubt in the prosecution’s case.
Azman committed the offence at about 4pm on March 26 in Inanam.
He was convicted under Section 14(a) of the Sexual Offences Against Children Act 2017, which carries a jail term of up to 20 years and whipping, on conviction.
Zaini ordered Azman to serve his sentence from the date of his arrest on March 27 this year.
The court also ordered him to undergo rehabilitative counselling while in prison and placed him under police supervision for two years after completing his sentence.
Azman, who was unrepresented, appealed for a lighter sentence, saying he had ageing parents.
However, Deputy Public Prosecutor Mohd Fadzri Azham Zainudin urged the court to impose a substantial jail term and whipping.
Fadzri said the victim’s age was a major aggravating factor, as the boy was only five years old and particularly vulnerable.
He also highlighted the impact of the offence on the young victim and the need to protect children from sexual offences.
Fadzri said Azman had claimed trial, resulting in a full trial involving eight prosecution witnesses.
He said the seriousness of the offence, the victim’s age and the need for deterrence warranted a significant jail term and whipping.
The prosecution also applied for orders requiring Azman to undergo rehabilitative counselling and police supervision.
Eight prosecution witnesses and two defence witnesses testified during the trial.
