Kota Kinabalu: An unemployed man who abused his stepbrothers, aged 10 and 7, was placed on a one-year good behaviour bond (BOGB).
Sessions Court Judge Amir Shah Amir Hassan meted out the sentence to Mohd Riezwan Mohd Rizal, 19, whose case was brought up for a social report on Tuesday.
The court also ordered the BOGB with RM10,000 undeposited in two sureties, one of whom must be a local.
Riezwan was further ordered to report to the Keningau police station on the first day of every month, accompanied by his aunt.
Before handing down the sentence, the court said it had considered all relevant factors, including Riezwan’s mitigation and that of his aunt, the seriousness of the case, the injuries suffered by the victims, Riezwan’s social report, and the prosecution’s aggravating factors.
The court noted that Riezwan is a disabled person who needs guidance and advised him not to repeat the offence.
“You said you love your step-siblings, right? And the report stated that you have a bad temper, so please try to change.
“A bad temper, huh…? Pour it out to God. Don’t skip your prayers. If you feel your temper rising, remember the judge said to express everything to God. You are from a family that suffered a lot of ‘problem’ and that you’re a victim of the situation,” the judge said.
On the first charge, Riezwan had abused his 10-year-old stepbrother by scalding him with hot water on the right side of his neck, causing burns and blisters.
On the second charge, during the same period and at the same location, Riezwan committed the offence against his 7-year-old stepbrother by hitting him on the head with a dumbbell and pressing a hot ladle against his body, causing burns.
The offences occurred between July and August this year at a rented house in Taman Telipok Ria, Tuaran.
Each charge, under Section 31(1)(a) of the Child Act 2001, carries a maximum penalty of a RM50,000 fine, up to 20 years’ imprisonment, or both, upon conviction.
Earlier, Riezwan, who was unrepresented, asked for leniency and a chance to change, saying he wanted to help his parents support the family financially.
He told the court that he had already been in remand for four months.
During the proceedings, Riezwan’s aunt was given the opportunity to speak on his behalf.
She promised that she could take care of him and told the court that Riezwan had just finished school before he was arrested for the offences.
She also said she had been caring for Riezwan and his siblings since they were young and living with her.
In reply, Deputy Public Prosecutor Bryan Francis urged the court to impose a deterrent sentence, stressing that both victims were young, aged seven and 10, and had suffered physical harm and trauma.
Bryan submitted that the offences were serious and that Riezwan should be kept away from society and given an opportunity to reform in prison.
