| Fadley Faisal |
THE Court of Appeal yesterday dismissed a local man’s application for leave out of time to appeal as the Justices thought the case as “horrifying” by subjecting an “appalling abuse” on a “defenceless three-year-old”.
Muhammad Firdhaus bin Hamid, 28, was sentenced by the High Court to jail for 16 years with 10 strokes of whipping after he pleaded guilty to offences leading to the death of a three-year-old baby girl.
Justices Michael Peter Burrell, John Barry Mortimer and David John Leonard looked at whether a conclusion on whether the appellant is to be given or declined leave out of time to appeal.
The court considered that the defendant appealed against strokes of the cane but also asked to consider the case overall; however, with no grounds of appeal forwarded; his mitigations repeated and cited three irrelevant cases.
Facts of the case looked into by the court was that the defendant posed as a member of the Royal family to acquire and pass the child to a third party in return for $3,000.
It was between June and September 2013 that the defendant committed the offences on a defenceless three-year-old child and subjected her to an appalling abuse.
The victim suffered 121 injuries.
The defendant also committed culpable homicide not amounting to murder.
He had deposited the victim’s corpse.
He did not report the death of the victim.
The court also considered the High Court court’s consideration in sentencing of the case where the defendant is a former police with good character, his remorse, his instant guilty plea and clean record where the High Court had concluded to sentencing him to 16 years jail and 10 strokes of whipping from taking the overall criminality and applying the totality principle of individual charges sentences.
The court of appeal yesterday said that the sentence is amply merited in citing the sentencing High Court Justice having said that this was the worst case of child abuse committed on a three-year-old and is subjected to prolonged abuse with even metal rods at some point and other methods.
It was also considered that the High Court had taken into account that the defendant is a dangerous man and should be imposed with a prolonged imprisoned term in prolonged term.
The Court of Appeal saw that the sentence was in no way manifestly excessive and dismissed the application of the defendant for leave out of time to appeal.
DPP Shamshuddin Haji Kamaluddin appeared for the Public Prosecutor as respondent in the appeal.