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TAWAU: An undocumented Filipino contract worker at a resort construction site in Semporna was sentenced to 10 years in prison and two strokes of the cane by the High Court here on Wednesday for sexually assaulting a nine-year-old Australian girl two years ago.

The sentence was handed down by Judge Datuk Duncan Sikodol after agreeing with the prosecution that the sentence imposed by the Tawau Sessions Court previously was not in line with the sentencing trends for such offences.

The court also ordered the appellant Nielhan Abdullah to pay RM20,000 in compensation to the victim, with an additional two years’ imprisonment if he fails to do so.

Proceedings on Wednesday were originally scheduled to hear the application from Nielhan’s counsel, Datu Baginda Datu Laja to withdraw himself, but he only filed his intention to withdraw without appearing.

On Jan 12, Nielhan, 25, was sentenced to seven years and two strokes of the cane by the Sessions Court after changing his plea to guilty when the prosecution successfully proved prima facie at the trial on Jan 3, 2024.

The father of three was accused of committing the sexual assault on the victim in a room at a resort on Mabul Island, Semporna, at 7.45pm, on Oct 2, 2022.

The appellant, who is also an undocumented foreigner, was charged under Section 14(a) of the Sexual Offences against Children Act 2017, which carries a maximum penalty of 20 years’ imprisonment and caning upon conviction.

Deputy Public Prosecutor Hurman Hussain prosecuted.