The Court of Appeal revised the sentence of an army retiree, following an appeal by the Public Prosecutor against what was deemed an unduly lenient punishment.
Chief Justice Dato Seri Paduka Steven Chong, alongside Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley, delivered the judgement on June 22, increasing the original sentence.
The respondent pleaded guilty to three charges of outraging modesty while in a position of trust on November 14, 2022. The judge initially sentenced the respondent to an aggregate of five years’ imprisonment and four whippings.
The Public Prosecutor, represented by Deputy Public Prosecutor Dayangku Didi-Nuraza binti Pengiran Haji Abdul Latiff appealed the sentence on the grounds that it was manifestly inadequate.
The respondent, aged 43 at the time of the offences, was an army retiree with a wife and six children. The three victims, aged 15, 17 and 15, were his two daughters (‘A’ and ‘B’) and his niece (‘C’) respectively.
‘C’ was the first victim. In 2020, she occasionally slept over at the respondent’s house. One night between October and November, while she was sleeping in her cousins’ bedroom, the respondent entered and pressed his private part against her. She screamed, and he grabbed her neck, telling her to be quiet. She managed to push him away and ran out of the bedroom. The respondent’s wife confronted him after ‘C’ revealed what had happened, but he denied any wrongdoing.
‘B’ was the second victim. Between January and February 2022, ‘B’ woke up at midnight by someone touching her private part. She found her father in bed with her and he left after she woke up. She told her mother about the incident the next day, but the respondent claimed he was drunk at the time.
‘A’ was the third victim. On October 28, 2022, the respondent woke her up, took her to his bedroom, and asked her to massage his feet. He then showed her a pornographic video and demanded sexual intercourse.
She refused, and he touched her private part and pulled her hand toward him. She ran out of the bedroom and hid in the kitchen before fleeing the house and reporting the incident to the police.
The original sentence was influenced by precedent cases.
However, Deputy Public Prosecutor Dayangku Didi-Nuraza argued that the original sentence was too lenient considering the seriousness of the assaults, the lack of remorse shown by the respondent, and the trauma experienced by the victims.
The appellate court agreed, noting the breach of trust, the young age of the victims, and the respondent’s attempt to blame his wife, consequently, increasing the sentence to six years’ imprisonment and four whippings to ensure a more appropriate punishment for the crimes committed. – Fadley Faisal
