Physical abuse of niece: Woman jailed
Published on: Tuesday, December 03, 2019
By: Cynthia D Baga
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Kota Kinabalu: A 46-year-old woman who physically abused her niece, was jailed three years.

Sessions Court Judge Elsie Primus handed the sentence to Heslin Arpan who pleaded guilty to the charge against her on Monday.

Heslin had abused the 12-year-old girl at 11am on Oct 26 this year at a house in Kg Jawi-Jawi, Kota Belud.

The offence under Section 31(1)(a) of the Children Act 2001 provides for a jail term of up to 20 years, or a fine of up to RM50,000, or both, on conviction.

The court ordered Heslin to serve the jail sentence from the date of her arrest.

During mitigation, Heslin who was represented by counsel Siti Suherah Usman asked for a light sentence saying that Heslin was a first offender and that she pleaded guilty to the charge which save the time and cost of all parties.

Siti Suherah also submitted that Heslin had took case of the victim about six months and the victim’s mother also did not pay her. According to Siti Suherah, the victim’s mother had only paid Heslin RM150 during Hari Raya.

However, Deputy Public Prosecutor Rustam Sanip urged the court to impose a deterrent sentence against Heslin on the grounds that such case was very rampant nowadays.

He said in that case, Heslin had abused a child who then suffered six injuries as a result of the abuse.

Rustam further submitted that the victim was not only suffered physical injuries but also emotional.

He added that Heslin had used a broom and an iron in abusing the victim.

The court heard that on Oct 26 this year the complainant (doctor) lodged a police report after he found a girl who was sent to the hospital by her auntie suffered injuries in the victim’s body suspecting to be abused.

Further investigation revealed that the victim’s later identified as Heslin had often abused the victim by hitting her with the broom and iron as well as pinching, punching and kicking her. The incident started when the victim’s mother was not on time in paying Heslin.

Investigation also revealed that there was a time that Heslin asked the victim to sleep outside her house with a sarong and also did not give food to the victim.

Heslin’s husband had no knowledge about the incident as she will abuse the victim while the husband was not around. 

The victim suffered scratch marks and bruises on her body.


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