Court affirms sentences of man for sexual abuse of four boys

Kota Kinabalu: The High Court here affirmed the sentences of 12 years imprisonment imposed on a 23-year-old man for committing physical sexual offences against four young boys.

Judicial Commissioner Datuk Duncan Sikodol dismissed the prosecution’s appeal against the 12 years imprisonment sentence imposed on Mohd Hafis Jarashid on all charges to run concurrently.

The prosecution was appealing for the sentences to run consecutively.

Duncan held that he found that the Sessions Court judge did not err in facts and law when sentencing Hafis, notwithstanding the provision of the law, whereby the offence is distinct, the sentence should be consecutive. 

“However, in the present case, considering the fact and the time the offence was committed, the appellant was only 18 years old. 

“I am of the view that imposing a consecutive sentence on the respondent may result in a crushing effect to him.

“The court was of the view that public interest is best serve if the respondent is given the opportunity to rehabilitate and return to society,” said Duncan who then affirmed the sentences imposed by the Sessions Court.

On Nov 12, 2019 Hafis, now 23, was sentenced by the Sessions Court to 12 years jail from the date of his arrest on Sept 25, 2019 on each counts of touching the boys’ private parts under Section 14(a) of the Sexual Offences against Children Act 2017 and making the victims touch his private parts under Section 14(b) of the same Act.

The lower court also ordered  Hafis to serve the sentences concurrently.

Deputy Public Prosecutor Rustam Sanip submitted that there were four  victims and for each victim, Hafis was charged with two offences namely for touching the victims’ private parts and making the victims touch the respondent’s private parts.

Rustam submitted that the two offences are distinct offences.

 He submitted that the Sessions Court Judge erred in law and facts when the judge decided that the 12 years jail from date of arrest be run concurrently.

Rustam appealed for the sentences to be substituted from to consecutively, which was 48 years.

He also submitted that the Hafis committed the offence to four young victims aged 9, 12, 13, and 14 at different times on Sept 17, 2017, Sept 21, Sept 22 and Sept 24 the same year in Papar and that the offences cannot be treated as a transaction.

The prosecution added that all the cases were jointly tried in which Hafis changed his plea to guilty after two victims testified in the trial.

Counsel Kimberly Ye, representing Hafis, urged the court to dismiss the appeal by submitting that the Sessions Court judge did not err in sentencing him to concurrent sentence as the sentences imposed was appropriate in nature.

“If the respondent is to serve the sentences consecutively and the prosecution is asking for 48 years, he would be about 70 years old by the time he is released from prison and that is already a majority of his youth,” said Kimberly, adding that Hafis is still young.

Kimberly also submitted that Hafis should be given the opportunity to reform and rehabilitate so that he can rejoin society.

Kimberly submitted further that had the sentences be substituted to consecutively it would be a crushing sentence on the respondent as well.

Replacing or substituting the concurrent sentence to consecutive one would be manifestly excessive and miscarriage of justice and against the principle of sentencing, said Kimberly.