TAWAU: A 75-year-old Australian was jailed five years for committing physical sexual harassment against a 13-year-old girl, last year.
Sessions Court Judge Rosli Ahmad handed down the sentence on Jack Kwong after ruling that the prosecution had proven its case beyond reasonable doubt against Kwong.
Kwong was found guilty of committing the offence against the minor by kissing her and molesting her body.
He committed the offence between 7.20am and 8am on May 20, 2023 at a house in Jalan Mawar, here. Kwong was convicted under Section 14(a) of the Sexual Offences Against Children Act 2017 which provides for a jail term of up to 20 years and whipping, on conviction.
The court allowed Kwong’s application to stay execution of the sentence pending appeal against the decision to the High Court and maintained the bail sum offered to Kwong previously.
During mitigation, counsel Mark Rosaidey Mohd Amin who defended Kwong asked for leniency due to Kwong’s age and most likely will not be able to complete the prison term as he also has health problems.
Mark informed the court that Kwong was a Malaysian before he obtained the Australian citizenship and will return to Malaysia once in two years to meet his friends.
However, Deputy Public Prosecutor Mohd Suhaimi Suriana urged the court to impose a deterrent sentence on Kwong, considering the public interest and the trauma suffered by the victim.
He further submitted that the trauma due to the incident was proven during trial as the victim did not want to give her testimony in open court and was unable to speak when she saw Kwong in court.
According to Mohd Suhaimi, severe punishment should be given because prisons in this country are equipped with health officers to meet the needs of the accused.
He also objected Kwong’s application to stay execution of the sentence on the grounds that there was high possibility Kwong will abscond as he was a Malaysian.
Two prosecution witnesses and only one defence witness had testified during the hearing.
