Kota Kinabalu: A 49-year-old mechanic was on Friday charged in the Magistrate’s Court here with two counts of assaulting his wife.
Tiong Aik Hee pleaded not guilty before Magistrate Jessica Ombou Kakayun to causing hurt to his 33-year-old wife in a house at Jalan Shantung Baru, Taman Penampang, in Penampang.
On the first count, Tiong allegedly punched his wife’s left eye at 11pm on Sept 15 this year while on the second count, Tiong was accused of kicking her left thigh at 8.30pm on Sept 18 the same year.
Each charge under Section 323 of the Penal Code read together with Section 326A of the same Code.
Section 323 carries a jail term of up to one year or a fine of up to RM2,000, or both, on conviction while Section 326A states that whoever causes hurt to his spouse or former spouse, a child, a disabled adult, or other family members and commits an offence under Section 323, 324, 325, 326, 334 or 335 shall be punished with imprisonment for a term of twice as long as the maximum term for which he would be liable to on conviction for that offence.
The prosecution proposed bail at RM6,000 on each charge on the grounds that it was a repeat offence involving domestic violence.
Counsel Wilson Chang applied for a lower bail amount by saying, among others, that the accused was the sole breadwinner and has three children.
Jessica fixed Oct 21 and 22 for pre-trial case management and allowed bail at RM3,500 in two sureties on each charge with additional conditions that no communication with the wife and family member until the disposal of the cases and allowed only through the investigating officer of the case.
The other conditions were the accused was not allowed to be near his wife within 500 metres and to report to the nearest police station every two weeks.
In another case, an e-hailing driver was charged with threatening to injure his passenger.
Hairul Ladali, 37, was accused of committing the offence to one Wong Chi Kong, 22, at 1.17pm on Sept 15 at a bridge between the Karamunsing complex and Karamunsing Capital.
The charge under Section 506 of the Penal Code carries a jail term of up to two years or fine, or both, on conviction.
The prosecution proposed bail at RM3,000 in two sureties, while Hairul, who was not represented requested for the lower bail amount.
Magistrate Lovely Natasha Charles set Oct 19 for mention and released Hairul on a bail of RM1,300 in two sureties.
Inspectors Albert Basiri and Kelvan Elson Maik prosecuted.
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