KOTA KINABALU: The High Court here today dismissed the appeal by a man who focused his submission on family but admitted that he never thought about his family when he committed the sexual offences against his teenage stepdaughter.
Judicial Commissioner Datuk Duncan Sikodol asked the appellant why his submission was not about his appeal since this was his appeal against sentence.
“All your submission is about your family, where is about yourself?.
“Have you ever thought about your family before doing these offences? If you can answer this, I will free you,”, the judge said.
The appellant replied in the negative.
“So why you used family as your submission? See you cannot answer, your appeal is dismissed, sentences by the lower court affirmed,” the judge said.
The unrepresented appellant submitted that he wanted his jail terms to run concurrently and his sentences to be reduced on the grounds that his mother was always sick and his father had passed away.
“I support my mother and I have four children but I haven’t applied for their documents due to financial problems.
“My wife is a foreigner and now staying at a company where I worked. I have lost contact with them ever since I was in prison due to limited movement allowed. My wife is an orphan who only depends on me. I hope the court will consider my appeal,” the appellant said.
On June 28, 2020, the lower court had jailed the appellant, who was convicted on two charges, to a total of 17 years’ jail plus 10 strokes of the cane.
On the first count, the appellant was sentenced to 15 years’ imprisonment and eight strokes of the cane for inserting his finger into the 15-year-six-month-old victim’s vagina in Keningau on May 19, 2020.
The appellant received three years’ jail for his second count of touching the victim’s private parts on the same day and place, and additional two years’ jail and two strokes of the cane as the appellant and the victim are related.
The lower court had ordered that all the jail terms run consecutively.
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