By Dorcas Ting
KUCHING, Dec 30: A 53-year-old security guard was sentenced to 20 years in prison and 10 strokes of the cane by the Sessions Court today after pleading guilty to sexually assaulting his 38-year-old girlfriend.
Judge Musli Abdul Hamid handed down the sentence under Section 377CA of the Penal Code, which carries a mandatory minimum imprisonment of five years and a maximum of 30 years, along with the possibility of caning.
The court heard that the offence occurred at an unnumbered house here in the early hours of December 19, around 1.20 am.
According to the statement of facts, police were alerted to the case at 8.15am the same day when a member of the public informed the Siburan police station counter about a distressed woman in a car near a community hall requesting assistance to go to the police station.
Two officers dispatched to the location found the victim in a weak state. She was subsequently taken to Sarawak General Hospital for examination and treatment, where a medical report confirmed injuries consistent with the assault.
Police investigations, initiated immediately, led to the arrest of the accused later that morning at around 10am.
Investigations revealed that the accused and the victim were in a relationship. It was established that the accused initiated sexual contact without the victim’s consent, causing the documented injuries.
During proceedings, Deputy Public Prosecutor Mohamad Aiman Mutallib Mohamad Shariff pressed for a custodial and deterrent sentence. He highlighted that this was not the first instance of such an offence against the victim by the accused and that the act had caused physical injury.
The prosecution also successfully argued for the imposition of caning. While Section 289 of the Criminal Procedure Code generally exempts men over 50 from corporal punishment, an exception applies for convictions under specific sections of the Penal Code, including Section 377CA.
After considering all arguments, the accused’s guilty plea, the case facts, the seriousness of the offence, and public interest, Judge Musli ordered the sentence to commence from the date of arrest, December 19. — DayakDaily
