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KOTA KINABALU: A 56-year-old man convicted of committing physical sexual offences against his underage daughter had his sentence increased by the High Court on Monday to a total of 26 years’ imprisonment and seven strokes of the cane.

High Court Judge Maslinda @ Linda Mohd Ainal dismissed the man’s appeal against his conviction and sentence, finding no reason to interfere with the Sessions Court’s findings of fact and ruling that the original sentence was not excessive and had taken public interest into account.

However, the judge imposed an additional three years’ imprisonment and two strokes of the cane for each charge under Section 16(1) of the Sexual Offences against Children Act (Soaca) 2017, ordering all imprisonment terms to run consecutively.

Maslinda said the offence fell under Section 16(1) of Soaca 2017, which applies to offenders in a position of trust or authority over a child, and noted an omission in the Sessions Court’s grounds of judgment in expressly stating the applicable sentencing provision, prompting the High Court to invoke its powers under Section 325 of the Criminal Procedure Code.

The man was convicted by the Sessions Court here on Dec 19, 2024 after a full trial and sentenced to 10 years’ jail and one stroke of the cane for an offence committed on Oct 3, 2022 at a house in Kepayan Ridge, and another 10 years’ jail and two strokes of the cane for a similar offence committed between April and May 2022 at the same location.