Kota Kinabalu: A 56-year-old man, originally sentenced to 20 years in prison and three strokes of the cane for committing physical sexual offences against his underage daughter, had his sentence increased on Monday.
High Court Judge Maslinda @ Linda Mohd Ainal added six more years of jail time and four additional strokes of the cane.
The sentence was increased by three years and two strokes for each charge under Section 16(1) of the Sexual Offences Against Children Act (SOACA) 2017. The court ordered the sentences to run consecutively.
In her decision on the man’s appeal, Maslinda dismissed the appeal, stating that there was no reason to change the findings of fact made by the Sessions Court.
She also confirmed that the original sentence was not excessive and had considered the public interest.
Maslinda pointed out an omission in the sentencing provisions in the grounds of judgment, noting that the specific reference to Section 16(1) of the SOACA 2017 had not been made.
“In invoking my powers under Section 325 of the Criminal Procedure Code, the court will impose the sentence in accordance with Section 16(1) of the Act,” she said.
Section 16(1) of the SOACA 2017 applies when the offender holds a position of trust or authority over the child, including as a parent.
The man was found guilty on December 19, 2024, after a full trial at the Sessions Court.
For the first charge, he received 10 years in prison and one stroke of the cane for committing the offence against his 12-year-old daughter on October 3, 2022, at a house in Kepayan Ridge.
For the second charge, he was sentenced to another 10 years and two strokes for a similar offence against the same victim between April and May 2022 at the same location.
Each charge framed under Section 14(a) of the SOACA 2017, which carries a jail term of up to 20 years and whipping, on conviction.
The Sessions Court Judge had ordered the sentences to be served consecutively from the date of conviction.
The appellant was represented by counsel Md Al Hafidz Lokman while Deputy Public Prosecutor Sofia S. Sawayan for the prosecution as respondent.
