PUTRAJAYA, Nov 25 — The Court of Appeal today upheld a 24-year prison sentence imposed on a father convicted of sexually assaulting his 13-year-old daughter.
A three-member panel comprising Justices Datuk Azman Abdullah, Datuk Mohamed Zaini Mazlan and Datuk Noorin Badaruddin dismissed the 45-year-old appellant’s bid to overturn his conviction and sentence.
When reading out the court’s decision, Justice Noorin said the punishment meted out was appropriate given the gravity of the offence, describing it as a heinous crime.
“The court must send a clear warning not only to the appellant but also to the public that sexual crimes against children, especially when committed by biological parents, are viewed very seriously and warrant severe punishment,” he said.
The court also ordered a warrant of imprisonment to be issued for the man to begin serving his sentence immediately. He had been out on RM15,000 bail with one surety pending the appeal.
In the judgment, Justice Noorin said the victim’s testimony was credible and not difficult for the court to accept.
He added that although the victim only disclosed the incident much later, the delay did not cast reasonable doubt on the reliability of the testimony.
“The victim was only 13 years old at the time, a child still in need of the protection of both parents. When the perpetrator is the father, the figure she depends on, it becomes extremely difficult for such a victim to confide in anyone.
“We are satisfied with the explanation for the delay in reporting the crime,” he said.
During the appeal hearing, defence counsel Iskandar Shah Ibrahim argued that the victim was not a credible witness because the police report was lodged three years after the incidents.
Deputy Public Prosecutor Nik Mohd Fadli Nik Azlan, however, submitted that the victim only came forward in 2021 because he feared losing his father and remained dependent on him at the time of the incidents.
On June 8, 2023, the Muar Sessions Court convicted the man on three counts of criminal sexual assault against his biological daughter and sentenced him to eight years’ jail for each charge, with the sentences to run concurrently.
On April 28 last year, the High Court dismissed the man’s appeal against the conviction and sentence but allowed the prosecution’s cross-appeal, ordering the prison terms to run consecutively for a total of 24 years.
According to the charges, the offences were committed in a room of a house in the Muar district, Johor, in December 2017, January 2018 and February 2018.
Deputy Public Prosecutor Zaki Asyraf Zubir also appeared for the prosecution.
