Kota Kinabalu: Two foreigners were sentenced to jail and ordered to be caned for sexually abusing minors.
A 23-year-old unemployed man received seven years and given one stroke of the cane by the Sessions Court on Wednesday for committing physical sexual offences against an underage girl, last year.
Al-Subhi Yusof, who appeared before Judge Amir Shah Amir Hassan pleaded guilty to committing the offence against a 14-year-old girl by hugging and kissing her cheek at Jan 12, 2024, in a village at Tanjung Aru here.
Al-Subhi’s case came up for trial on Wednesday but he informed the court of his wish to plead guilty to the charge under Section 14 (a) of the Sexual Offences against Children Act 2017.
He had on Jan 25, 2024 claimed trial to the charge which carries a jail term of up to 20 years, and whipping on conviction and was ordered to be further remanded.
Amir ordered Al-Subhi to serve his sentence from the date of his arrest and mandated that he undergo rehabilitation counselling for two years in prison and also to be placed under police supervision for three years after serving the sentence.
In delivering the sentence, Amir expressed hope that it would serve as a lesson to Al-Subhi to change his ways and said that the court believed the Prison Department would be able to rehabilitate him through various programmes.
Al-Subhi, who was unrepresented during his mitigation, requested a lenient sentence from the date of his arrest and informed the court that he was single and lived in Tanjung Aru with his sisters, as his parents had divorced.
Al-Subhi also claimed to have suffered from a congenital heart condition since childhood. He then offered an apology to the court.
Deputy Public Prosecutor (DPP) Nurul Shafeerah Mad. Iskim pressed for a heavier sentence against Al-Subhi, emphasising that the offence was serious and rampant.
DPP Nurul informed the court that the victim was underage and had been traumatised by the incident.
Nurul further submitted that the sentence should be serve as a deterrent to Al-Subhi preventing him from committing similar offences in the future, adding that he had no previous convictions.
Earlier, in presenting the facts of the case, the prosecution said that Al-Subhi, who was unknown to the victim, committed the offence against her between 11am and 11.10 am on the said day, while she was waiting for a bus to school in front of a grocery shop.
Police investigations revealed that the incident was witnessed by several villagers, as well as the owner of the shop.
The victim’s mother, who had just picked up the victim’s younger siblings from primary school, was passing the shop and noticed that her daughter had not yet boarded the bus.
The mother then took the victim to school and, during the journey, the victim confided in her mother about the ordeal.
The victim’s father, who was informed of the incident by his wife, immediately lodged a police report.
Al-Subhi was arrested by the police at 4pm on the same day.
In Tawau, A 59-year-old undocumented fisherman was sentenced to seven years’ jail and given two strokes of the cane by the Sessions Court here, on Wednesday for sexually assaulting a 13-year-old girl last year.
Roberto Sairal pleaded guilty before Judge Ahmad Faizadh Yahaya to committing the offence by caressing the victim’s chest and abdomen in a house in Semporna on Dec 23, 2024, at 8pm.
The court ordered Roberto to serve the sentence from the date of his arrest on Dec 24, 2024.
He was also ordered to undergo rehabilitation counselling sessions in prison and was placed under a police supervision order for three years after completing his sentence.
Roberto was charged under Section 14(a) of the Sexual Offenses Against Children Act 2017, which carries a prison sentence of not more than 20 years and caning, if convicted.
Unrepresented Roberto requested a lenient sentence without whipping since he has to support his wife and a child and a grandchild.
“I pleaded guilty. I also want to apologise for my mistake and to the law. This is the first time in my life and I will not step foot here (court) for the second time…. I am asking for a light sentence and no whipping,” he said.
