Kota Kinabalu: A 36-year-old operator who committed physical sexual harassment against his biological daughter, was jailed 12 years and ordered to get two strokes of the cane.
Sessions Court Judge Hurman Hussain meted out the sentence to the man after ruling that the prosecution had proven its case beyond reasonable doubt against the man on Monday.
The man was found guilty of committing the sexual harassment against the 14-year-old girl by caressing the girl’s breasts at 2.30am on Aug 15, 2023 at a bedroom of a worker’s quarters in Inanam, here.
The offence under Section 14 (a) of the Sexual Offences Against Children Act 2017 (SOACA), which provides for a jail term of up to 20 years and whipping, upon conviction.
The court ordered the man to serve the jail sentence from the date of his conviction which was on Monday.
The man was also ordered to be placed under police supervision for two years after serving the jail sentence.
The application to stay execution on the sentence to be deferred until there was a formal application to be filed by the defence.
During mitigation, the man who was represented by counsels Mohammad Syazwan Shah and Nigel Neong Kaning, asked for leniency by telling the court that he was still support his children.
The defence also told the court that it was the man’s first offence.
However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to meted out a heavy sentence considering it was a serious offence as the man had committed the sexual abuse against his biological daughter by grabbing and squeezing her breast.
He added that the man should protect his own children instead of committing the offence.
Fazriel further submitted that it was in the public interest that children are protected from sexual predators, especially within the family unit, adding that the court must send a clear message that such conduct will be met with severe consequences.
Four prosecution and three defence witnesses had testified during the hearing.
