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Rape and sodomy: Man, 23, to know fate on January 9 
Published on: Thursday, November 24, 2022
By: Jo Ann Mool
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The charge under Section 376(2)(e) of the Penal Code carries a jail term of between 10 years and 30 years and whipping on conviction. The man on the second count is accused of sodomising the minor from 2010 until 2017 at the same place.
The charge under Section 376(2)(e) of the Penal Code carries a jail term of between 10 years and 30 years and whipping on conviction. The man on the second count is accused of sodomising the minor from 2010 until 2017 at the same place.
Kota Kinabalu: The Sessions Court will on Jan 9 next year deliver its decision on a man, who was charged with two counts of sexual offences against his underage cousin.

High Court Deputy Registrar Cindy Mc Juce Balitus, who sat as a Sessions Court Judge, fixed the date for the 23-year-old man when the defence closed its case after calling its seventh witness on Wednesday. The court set Dec 9 for the defence to file its written submission, Dec 23 for the prosecution to file its written submission and Dec 30 for submission in reply by the defence, if any.

On the first count, the accused allegedly raped the girl (now 15) from 2010 until 2017 in a house in a village in Kota Marudu.

The charge under Section 376(2)(e) of the Penal Code carries a jail term of between 10 years and 30 years and whipping on conviction. The man on the second count is accused of sodomising the minor from 2010 until 2017 at the same place.

The offence under Section 377A of the Penal Code carries a jail term of up to 20 years and whipping on conviction. The prosecution had called nine witnesses.

Deputy Public Prosecutor Mas Izzaty Lokman prosecuted while the accused was represented by counsel Datuk Bernard J. Dalinting. The court ordered the accused’s bail to be extended.

In another case, two motorists were penalised for drunk-driving.

Lee Chen Yen, 29, and Maurice Marcellus, 28, pleaded guilty before Magistrate Lovely Natasha Charles for committing the offence.

Lee was jailed one day and ordered to pay a fine of RM10,000 or four months’ jail for committing the offence at 12.15am on Aug 5 this year at Jalan Bundusan in front of the Damai Club in Penampang.

He was charged under Section 45A(1) of the Road Transport (Amendment) Act  2020, which provides for a jail term of up to two years and fine between RM10,000 and  RM30,000 and lost qualification from holding or getting a driving licence for not less than two years from the date of conviction.

The court also ordered Lee to be disqualified from holding or obtaining a driving licence for a period of not less than two years from the date of the conviction.

Maurice was fined RM4,000 or six months in jail for the offence committed at 1.22pm on Sept 11, 2018 at Kg Tumpuluon Babagon, Jalan Tambunan–Donggongon, Penampang.

The offence under Section 45A(1) of the Road Transport (Amended 1999) Act provides for a jail term of between RM1,000 and RM6,000 and liability of jail not more than 12 months on conviction.

Traffic Prosecuting Officer Mohd Firdaus Che Mustafa prosecuted.

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