Kota Kinabalu: A 30-year-old who abused his girlfriend's two-year-old son by slapping him, burning him with cigarette butts and biting his private part was jailed 15 years and fined RM50,000 or another year's jail.Sessions Court Judge Ainul Shahrin Mohamad also ordered Mohd Hisham Jumaad to be placed on a bond of good behaviour for three years after completing the jail sentence.
Ainul said Mohd Hisham cannot commit any offence either, small or big, during the bond period and if he breaches it, he could be charged in court and be fined up to RM10,000, or a jail term of up to five years, or both.
The court also ordered Mohd Hisham to undergo 240 hours of community service for six months after serving the jail sentence.
If he fails to perform the community service, he could be fined up to RM10,000.
The court ordered Mohd Hisham to serve the jail sentence from the date of his arrest.
Mohd Hisham had brutally abused the toddler who suffered bruises and injuries on his body and face at 10.30pm on July 3 this year at a room in Country Height, Penampang.
The offence under Section 31(1)(a) of the Child Act 2001 provides for a jail term of up to 10 years, or a fine of up to RM20,000, or both, upon conviction.
In asking for a light sentence, Mohd Hisham who was represented by counsel Michelle Usman, told the court he was remorseful and that he admitted to the offence.
Michelle further said her client had treated the child as his own and took care of him when his girlfriend was working and even took leave when the child was sick.
According to Michelle, Mohd Hisham who was under the influence of alcohol at that time, could not recall what was happened.
However, Deputy Public Prosecutor Akmalzatul Mohamed Nawi urged the court to impose a deterrent sentence on the grounds that it was a serious offence involving a toddler and the incident caused physical and emotional injuries to the victim.
Akmalzatul said the toddler was only two years old, vulnerable and defenceless, adding that Mohd Hashim had abused the position of trust given by the victim's mother.
She also submitted that based on the medical reports of the victim, he suffered bruises all over his body and circular function wounds due to cigarette butts.
Akmalzatul also told the court that there were signs of bite marks on the victim's abdomen, scrotum, penis and anus.
The court heard that a police report was lodged by one Ruth after being informed by the toddler's brother about the incident.
Ruth went to their house and found bruises on the toddler's body and face as well as bite marks on his private part. The toddler later sent to the hospital for further treatment.
Investigation revealed that the Mohd Hashim who was staying with them a year ago, had abused the victim.
Mohd Hashim was arrested thereafter. - Cynthia D Baga
