Kota Kinabalu: A former teacher, who was jailed for 15 years and ordered two lashes of the cane for committing physical sexual assault on a 12-yar-old boy five years ago, failed in his appeal against his sentence.
High Court Judge Datuk Nurchaya on Tuesday dismissed the appeal by the 48-year-old man and maintained the sentence by the Sessions Court.
The appellant, Mohd Azlee, who was unrepresented, requested for the sentence to be reduced.
He was on Feb 25, 2021 sentenced to 13 years’ jail by the Sessions Court following his guilty plea on Feb 10 the same year to committing the offence by performing oral sex on the boy at 6.pm on May 28, 2017 at a quarter of a school.
He was charged under Section 14 (a) of the Sexual Offences against Children Act 2017 read with Section 16(1) of the same Act as he was in a relationship of trust with the child.
The man was also handed another two years’ jail and ordered to be caned twice for the Section 16(1) offence.
He was ordered to serve the imprisonment sentence consecutively from the date of his arrest on Feb 9, 2021 and was ordered to be placed under police supervision for two years after serving the sentence.
Section 14(a) of the Act carries a jail term of up to 20 years and liability of a fine on conviction, while Section 16(1) of the same Act, provides for a jail term of up to five years and whipping of not less than two strokes of the cane if convicted.
Earlier, Deputy Public Prosecutor Siti Amirah Muhammad Ali, told the court that the victim complained that he could not pee as his private part was swollen after the appellant performed oral sex on him. The court was told that the appellant made the victim take syabu until she passed out before he committed the act on him.
DPP Siti Amirah also informed the court that the appellant had been sacked from the service on April 29, 2019.
Nurchaya was also informed that the appellant was previously given a discharge not amounting to an acquittal of the sexual charge by the lower court in 2017 and was rearrested Feb 9, 2021 for another general crime and was recharged for the offence.
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