Brutal sexual assault: Man’s appeal dismissed
Published on: Friday, March 08, 2024
By: Jo Ann Mool
Stellee also slapped and punched her face, chest and stomach, used a broomstick to beat her, used a hot steaming cloth iron and put it on her left breast and left leg and also poured boiling water on her, which caused multiple burns, the court heard.
Kota Kinabalu: A 26-year-old divorcee, who was jailed a total of 45 years and ordered given 18 lashes of the cane on three counts of brutally sexually assaulting his girlfriend, failed in his appeal.
High Court Judge Datuk Zaleha Rose Pandin dismissed Stellee Kintoh’s appeal on Thursday after perusing his appeal and from the prosecution as respondent.
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Stellee was appealing for his imprisonment and whipping sentences to be reduced.
Zaleha, in delivering her decision, held that the sentences passed by the Sessions Court judge were appropriate, not excessive and warrant no appellate intervention.
“Furthermore, it is right that this court should not disturb the finding of the lower court if the sentences imposed are in accordance with the law and within the ambit of the law.
“In this appeal, I find that the sentence is within the ambit of the law and should not be disturbed. In addition, the paramount consideration should be taken into account, ie, the public interest.
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“Looking at the severity and the gravity of the offences, the sentence ought to be a deterrent one.
“The appeal against sentences meted out by the Sessions Court judge ought to be dismissed and the decision of the Sessions Court judge is affirmed,” held Zaleha.
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Stellee, a chargeman, was on Nov 16, 2022 sentenced by the Sessions Court after he pleaded guilty to committing the crime against the 21-year-old victim in a kitchen of a house at Kota Marudu at 7am on April 12, 2022.
On the first count, Stellee was handed 10 years’ jail and three strokes of the cane for performing oral sex on her, while on the second count, Stellee received 15 years’ jail and five lashes of the cane for inserting his four fingers into her private parts without her consent.
Stellee, on the third count, was jailed 20 years and ordered 10 strokes of the cane for raping the victim and not only causing her physical but also psychological pain.
He was ordered to serve the imprisonment sentences concurrently from the date of his arrest.
The first count was framed under Section 377A of the Penal Code which carries a jail term of up to 20 years and whipping, the second count under Section 377CA of the
Penal Code provides for a jail term of between five and 30 years and whipping while the third count under Section 376(2)(b) of the same Act carries a jail term of between 10 years and 30 years and whipping on conviction.
Earlier, duty counsel Nabila Norsahar, in representing Stellee, submitted, among others, that the sentences passed by the lower court were manifestly excessive and applied the court to consider that he has no previous conviction record and that it was his first offence.
“Stellee felt remorseful for his wrongdoing and admitted that his lecherous behaviour and lust had overtaken his self-control and judgement leading him to this predicament,” submitted Nabila, adding that should Stellee serve 20 years behind bars, he would lose his youth and only to return to society around the age of 45.
Deputy Public Prosecutor Jessica Ombou Kakayun applied for the appeal to be dismissed and the sentences to be affirmed and maintained.
“Upon perusing the notes of proceedings on what transpired in the lower court, the predicaments that the victim had to go through, the scars, the experience, the endless torturous and heinous act of the appellant against the victim, the sentence ought to be meted our higher and to run consecutively,” said Jessica.
The appellant had put different objects into her private parts. Among them were cigarette butt, fork, rice ladle, water dipper handle and eggplant, submitted Jessica.
Stellee also slapped and punched her face, chest and stomach, used a broomstick to beat her, used a hot steaming cloth iron and put it on her left breast and left leg and also poured boiling water on her, which caused multiple burns, the court heard.
Besides rubbing salt on the victim’s wounds, Stellee also put salt in her eyes, mouth and instructed her to swallow it, said Jessica.
To portray the gravity of the crime, the court was told that Stellee used insecticide spray device on the victim’s private parts, mouth and eyes and hit her head with it.
Jessica submitted that the victim was traumatised for life by the appellant’s heinous acts, which was also witnessed by his six-year-old son.
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