The Court of Appeal upheld a retired policeman’s 12-year prison sentence and two strokes of the cane for the physical sexual assault of a five-year-old girl.
PUTRAJAYA: The Court of Appeal today upheld a retired policeman’s 12-year prison sentence and two strokes of the cane for the physical sexual assault of a five-year-old girl whom his daughter had been babysitting.
A three-man bench comprising Justice Datuk Azman Abdullah, K. Muniandy and Dean Wayne Daly dismissed the 76-year-old man’s appeal against his conviction and sentence.
Justice Azman said there was overwhelming and convincing evidence, notwithstanding that the victim was eight years old when she gave evidence.
He said her testimony remained consistent with the contents of the police report lodged by her father and the medical report.
He said the heinous act had not only left the victim with physical injuries but had also caused her deep psychological distress.
“The law exists as a bastion of justice to protect the weak. In this case, the victim is a child who was incapable of resisting or fully comprehending what the appellant did to her,” he said.
Justice Azman said the sentence imposed was intended to serve as a reminder not only to the appellant but also to the general public that age does not confer a licence upon any person to act with impunity towards a child.
The court issued a warrant of committal for the man to commence his sentence from today. The man, who was present in court in a wheelchair, had previously been granted a stay of execution of his sentence and bail of RM10,000 with one surety pending disposal of his appeal, which was heard today.
Justice Azman said the execution of the caning would be determined by the prison authorities based on whether or not he is fit to undergo the sentence.
Earlier, lawyer Mohd Rusnizam Abdullah told the court that his client had met with an accident and his health had deteriorated.
On April 19, 2024, the Kuantan Sessions Court found the man guilty of the physical sexual assault of the victim at a house in Kuantan in 2020.
He was sentenced to 12 years’ imprisonment and two strokes of the cane. The High Court upheld the Sessions Court’s decision on Jan 27 this year.
At today’s proceedings, Mohd Rusnizam argued that the victim was not competent to testify because she did not fully understand the implications of giving truthful evidence and the consequences of lying.
Deputy Public Prosecutor Jasmee Hameeza Jaafar, however, submitted that the victim was a competent witness as she remembered vividly what had happened.
