The Court of Appeal recently dismissed the appeal of a man sexually abusing his niece, who was under 10 years old at the time.
Prosecutor Siti Khalillah binti Haji Hussin revealed that the defendant, a 51-year-old retiree, committed the acts of sexual abuse against his nice on four separate occasions between April 2021 and November 2022.
The incidents took place in his home, where the victim and her siblings were frequently left under his care. The victim, now 10 years old, initially remained silent out of fear of her uncle, but eventually confided in her grandmother after the last incident in November 2022.
The man argued that his sentence was excessive given his remorse, lack of prior criminal record, and cooperation with law enforcement.
In a judgment delivered on June 18 by Chief Justice Dato Seri Paduka Steven Chong, along with Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley, the appellate court found that the original sentence of eight years’ imprisonment and four whipping, later waived due to the defendant’s age, appropriately reflected the severity of the offences and the aggravating factors involved.
The court determined that a severe sentence was justified due to several aggravating factors. These included the profound breach of trust as the victim’s uncle, the young age and vulnerability of the victim, the serious nature of the sexual abuse involving genital intrusion, the extended duration of the offences, and the fact that they occurred in the defendant’s home, where the victim’s parents expected her safety.
Before rising, the court addressed the issue of whipping, which was initially included in the sentencing but later waived due to the defendant’s age of 51. According to Section 258 of the Criminal Procedure Code, individuals over 50 years old are exempt from receiving corporal punishment. The court expressed that the imposition of whipping in this case was unnecessary and should not have been considered.
To ensure consistency in sentencing, the court suggested a legislative amendment similar to Section 376(5) of the Penal Code, which mandates imprisonment instead of whipping for offenders over the age of 50 convicted of rape. This recommendation, aimed at achieving fairness in the judicial process, was directed to the Attorney General for further consideration. – Fadley Faisal
