Appeal of convict in outraging modesty case dismissed

Fadley Faisal

The High Court yesterday dismissed an appeal of a “paedophile who preyed on young children to gratify his sexual perversion”.

Dayemo @ Abdul Aziz bin Haji Moktal was sentenced in the Magistrate’s Court to eight years’ jail with five whippings last December after a trial on six charges of outraging the modesty of minors and making them watch pornographic videos.

Dayemo appealed before Chief Justice Dato Seri Paduka Steven Chong against sentence on the grounds that it is lengthy and will cause hardship to his family. He also contested that the sentence was in excess of the Magistrate’s sentencing powers.

The Chief Justice, on dismissing the appeal, said the hardship of Dayemo’s family imposed from his lengthy incarceration should not be taken into account.

“The appellant is right that the Magistrate can only pass a sentence of imprisonment of a maximum of seven years pursuant to Section 11 of the Criminal Procedure Code,” he said.

“However,” he added, “the appellant has overlooked Section 13 of the Criminal Procedure Code which states that when a person is convicted at one trial of two or more distinct offences, the Magistrate may pass consecutive sentences of imprisonment in aggregate of up to 15 years.”

The Chief Justice stood by the sentence after considering “the seriousness of the sexual acts with the risk of transmission of diseases and the element of moral corruption”.