Kota Kinabalu: A 54-year-old man was sentenced to a total of 20 years and three strokes of the cane for committing two counts of sexual abuse against his daughter.
Sessions Court Judge Amir Shah Amir Hassan imposed the sentence to the man after ruling that the prosecution had proven it’s case beyond reasonable doubt against the man on Thursday.
The man was found guilty of both charges against him.
On the first count, the man was jailed 10 years plus one stroke of the cane for committing the offence against the 12-year-old girl by licking her breasts on the evening on Oct 3, 2022 at a house in Kepayan Ridge, here.
On the second count, he was sentenced to another 10 years’ jail plus two strokes of the cane for committing the same offence against the same victim between April and May 2022 at the same place.
He was convicted under Section 14 (a) of the Sexual Offences Against Children Act 2017 carries a jail term of up to 20 years, and whipping, upon conviction.
The court ordered the man to serve the jail sentence consecutively from Thursday.
After serving the jail sentence, the man was ordered to be placed under police supervision for two years.
Th court also rejected the man’s application to stay of execution pending appeal against the decision to the High Court, by saying that there was no special circumstances for stay.
In mitigation, his counsel Arthur Borine, asked for a minimum sentence saying that the man was given fully cooperated with to the police during investigation and was never absent in court.
Arthur also asked for the sentence to be run concurrently.
In reply, Deputy Public Prosecutor Dacia Jane Romanus urged the court to impose a heavy sentence on the grounds that it was a serious offence as the victim was his only daughter.
Dacia also submitted that the rampancy of sexual offences involving offenders who were closed to the victims, should be considered.
She further said the man should protect the victim instead of committing the offence.
“The victim’s testimony also indicated that the man had repeatedly committed the offence.
“The trauma suffered by the victim and the family should also take into account in handing down the sentence,” she said.
Three prosecution and two defence witnesses testified during the hearing.
