Man’s appeal for reduced sentence dismissed

Kota Kinabalu: A man, who was jailed a total of 26 years jail and 10 lashes of the cane on two counts of sexual abuse against his step-daughter, failed in his appeal on Thursday to reduce his sentence.

High Court Judicial Commissioner Datuk Duncan Sikodol dismissed the man’s appeal against his sentence and affirmed the sentence imposed on him by the lower court.

The man was on June 28, 2020, sentenced by the Sessions Court in Keningau to 15 years jail and ordered to be caned eight times for inserting his hand into the 15-year-old girl’s genitals on May 14, 2020 in Keningau.

The charge under Section 377CA of the Penal Code carries a jail term of between five years and 30 years, and liability to whipping.

The man, on the second count, was jailed eight years for committing sexual offence by touching the victim’s private parts at the same place and time as framed under Section 14 (a) of the Sexual Offences against Children Act 2017.

The man was also handed another three years jail and ordered two strokes of the cane under Section 16(1) of the same Act as he was in a relationship of trust with the child.

He was ordered to serve the imprisonment sentences consecutively.

Earlier, the man, who was not represented, requested for the sentences to run concurrently by saying that he has an ailing mother, four children aged between one year and seven years and a foreign wife who needed his care.

He said he could not settle his children’s identification documents and that he also did not get any news about his family since the Covid-19 pandemic, as no visitation allowed to the prison during that period.

Duncan told the appellant that all he said in his appeal was focused on his family before asking him if he thought about them before committing such offences. 

“If you can answer me this, I will let you go (free),” said Duncan.

“I never thought of going to jail for what I did,” replied the appellant.

“Then why did you want to use your family as your (basis for) appeal?” asked Duncan to the man, who just kept silent.

“You cannot answer, so your appeal is rejected and the sentence imposed on you lower is affirmed,” he said.