Kota Kinabalu: A 32-year-old music teacher, who was jailed for a total of 56 years and ordered given eight strokes of the cane three years ago on four counts of sexually assaulting his six-year-old pupil, failed in his appeal against his conviction and sentence.
High Court Judge Datuk Ismail Brahim dismissed Darrel Nicholas Kinson’s appeal and affirmed the lower court’s decision.
Darrel was granted a stay of execution of the sentence pending his appeal to the Court of Appeal.
He was on March 5, 2020, found guilty and convicted by the Sessions Court here after a full trial.
Darrel was handed 12 years’ jail for each charge which falls under Section 14(a) of the Sexual Offences against Children Act 2017 and provides for a jail term of up to 20 years, and whipping, on conviction.
He received another two years’ jail plus two strokes of the cane for each charge as additional punishment under Section 16(2)(c) of the same Act which carries a jail term of up to five years, and at least two strokes of whipping, on conviction.
The Sessions Court ordered Darrel to serve the 12 years’ jail and the two years jail to run consecutively but for the first and third counts to run concurrently, in which Darrel will serve 28 years in prison.
On the first to fourth counts, Darrel was found touching the boy’s genitals, sucking his nipples, kissing his mouth and also making the boy touch his (Darrel) genitals between 4.30pm and 5.30pm on June 1, 2018 at a music school, here.
Darrel managed to obtain a stay of execution pending his appeal to the High Court.
He was represented by counsel Edward Paul while Deputy Public Prosecutor Rozanna Abdul Hadi appeared for the prosecution as respondent.
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