KOTA KINABALU: An e-hailing driver was slapped with 10 years’ jail plus two strokes of the cane after the High Court here enhanced his previous jail and whipping sentences for a conviction of touching the genitals of his teenage passenger on the way to the boy’s school.
Judicial Commissioner Datuk Duncan Sikodol set aside Marto Basinau’s five years’ jail plus one stroke of the rattan after allowing an appeal by the prosecution today.
The prosecution was appealing against inadequacy of the sentences imposed on Marto by the Sessions Court here on July 15, 2020.
The unrepresented Marto, 39, who was the respondent in this appeal, applied for his sentences imposed by the lower court to be maintained.
The respondent claimed that he had chosen not to appeal against the sentences because he considered the punishments as ‘baik’ for him and wanted peace in prison.
“Saya pilih tidak appeal terhadap hukuman yang begitu baik supaya saya tenang di penjara,” claimed the respondent.
The court then inquired the respondent by asking that if there were people like the respondent then who will feel safe and comfortable to use e-hailing driver services?
“People take e-hailing because they want to have a comfortable ride.
“But if there are people like you who else will feel comfortable, tell me?” the court asked.
The court noted that the respondent not only touched the juvenile’s private parts but also took off the victim’s pants.
“E-hailing has been very popular among people even a five-year-old kid would use e-hailing. If you have a child, do you want your child to use e-hailing?
“Do you think five years’ jail is adequate, for me I don’t think it’s adequate whereby the prosecution submitted that a heavier sentence should be given to people like this, so that e-hailing drivers are aware that the court will not compromise on this offence,” said the court.
The court further said the sentences were to serve as a lesson to would-be offenders so that people out there would feel safe using e-hailing services.
The prosecution had submitted that when the incident happened the respondent was taking the victim to school and while on the way, the respondent took advantage by starting a conversation about sex with the victim before touching the victim’s private parts.
The respondent had pleaded guilty to committing sexual assault against the Form Four student inside the car on their way to school on February 7, 2020.
The offence was under Section 14(a) of the Sexual Offences Against Children Act 2017 which provides for a jail term of up to 20 years and whipping, upon conviction.
When the case was brought to the Sessions Court, the lower court heard that the incident occurred when the boy was inside the respondent’s car and the respondent had started talking about pornography and unzipped the victim’s pants before touching the victim’s private parts.
The victim could not do anything at that time as he feared for his safety. However, the respondent proceeded to send the boy to the school.
The boy then revealed the incident to a teacher who later contacted the boy’s sister before they lodged a police report.
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