Kota Kinabalu: A 40-year-old e-hailing driver, who was jailed five years and ordered one stroke of the cane for committing sexual abuse against a 15-year-old boy, saw his sentence enhanced to 10 years and ordered given two lashes of the stroke.
High Court Judicial Commissioner Datuk Duncan Sikodol on Thursday allowed the prosecution’s appeal against the inadequacy of the sentence imposed on Marto Basinau, the respondent.
Duncan set aside the sentence imposed by the Sessions Court on Marto and substituted it with 10 years jail and two strokes of the cane.
Marto was on July 15, 2020, handed five years imprisonment and one stroke of the cane by the Sessions Court here after he pleaded guilty to committing the offence against the secondary school student by touching his private part at 5.15am on Feb 7, 2020 while he was inside Marto’s vehicle on their way to the boy’s school.
The offence under Section 14(a) of the Sexual Offences against Children Act 2017 provides for a jail term of up to 20 years, and whipping, on conviction.
Duncan in substituting the sentence held that it would be served as a lesson to other e-hailing drivers so that people feel safe while boarding their cars.
“If the court is not strict with heavy punishment to e-hailing drivers having similar behaviour like you, who else will feel comfortable to use e-hailing service,” said Duncan to Marto.
Duncan also noted that e-hailing service became so popular nowadays that even a five years old child could also order for such service.
“Let say, if you have a child, would you allow your child to board a e-hailing car if there was a driver like him?” asked Duncan to Marto but Marto just kept silent.
“People are supposed to feel comfortable when using e-hailing service but who would feel that when there is a driver like you. According to the facts, you not only touched the boy but you even unzipped his trouser,” said Duncan to Marto.
Duncan said that he agreed with the prosecution that a heavier sentence should be meted out on offenders with such behaviour so that all e-hailing drivers know that the court never compromise with such offence.
Earlier, the prosecution submitted that the sentence passed was manifestly inadequate adding that due to public interest, the weight must be given more to the victim’s interest.
Deputy Public Prosecutor Rozana Abdul Hadi sought the court to consider the situation when the incident happened where the victim was on his way to school and was in the car driven by Marto and that Marto has the responsibility to bring him to school safety.
However, Marto took the advantage of him and started a conversation about sex and based on the victim’s report, Marto suddenly unzipped the victim’s pant before touching his thigh and private parts, said DPP Rozana.
She added that the victim felt uncomfortable but restrained himself from doing anything for fear the driver would bring him to another place.
The prosecution also submitted that the lower court failed to consider the trend of sentencing for such offence.
Meanwhile, Marto, who was not represented, requested for the sentence be maintained as he had serve nine months in jail.
Marto also said that after he was sentenced at the lower court, his counsel advised him to appeal but decided against it as he wanted to only complete the sentence in prison.
