Kota Kinabalu: A 44-year-old fisherman, previously sentenced to four years’ jail and eight strokes of the cane for sexually abusing his 10-year-old stepdaughter, had his sentence increased to seven years’ imprisonment and eight lashes of the cane.
High Court Judge Datuk Celestina Stuel Galid on Friday allowed the prosecution’s appeal, enhancing the sentence of a 44-year-old fisherman for sexually abusing his 10-year-old stepdaughter.
The man had pleaded guilty on June 5 at Pitas Sessions Court to two charges: sexually touching the child and performing oral sex on her on April 13, 2024, at a village house in Pitas.
Both charges were framed under Section 14(a) of the Sexual Offences Against Children Act (SOACA) 2017 read with Section 16(1) of the same Act.
Under the SOACA, Section 14(a) carries up to 20 years’ jail and a fine, while Section 16(1) provides up to five years’ jail and a minimum of two strokes of the cane upon conviction.
The Sessions Court had sentenced the man to three years’ imprisonment and two strokes of the cane for each charge, plus an additional one year and two strokes for each under Section 16(1), to be served consecutively.
On Friday, the High Court enhanced the sentence for the first charge to six years’ jail, effective from April 22, 2024, with two strokes of the cane, and added a further one year and two strokes.
The sentence for the second charge was also increased to six years’ jail with two strokes, plus an additional one year and two strokes.
Sentences for each charge are to run consecutively, while the two charges will run concurrently.
Deputy Public Prosecutor Dana Arabi Wazani appeared for the prosecution. The man was unrepresented.
