Fadley Faisal

Jail and cane for abusing stepson

Article from Borneo Bulletin. Published on Thursday May, 10 2012

A 33-year-old local man was sentenced to three years' imprisonment and two strokes of the cane for two charges involving the physical abuse of his six-year-old stepson.

In the High Court yesterday, Chief Justice Dato Paduka Hj Kifrawi balanced out the mitigating factors that the defendant was entitled to some merit for pleading guilty, remorseful of his act and the circumstances of the case being not having caused serious injuries or death to the victim.

However, the court upheld the fact that it was a serious offence of abuse, and that there was a need to send out a message of deterrence for the defendant and the public.

The defendant, an electrical company worker, married his current wife in January 2010, and has two stepchildren - a girl and the six-year-old boy.

The court heard that at a rented family home in Berakas on April 7, 2012, as the wife prepared a meal, the victim was in the living room changing his clothes when the defendant, who was eating at the time, started poking fun at the victim. The victim reacted by flinging his clothes, which landed on the defendant's face.

The defendant then kicked the victim in the buttocks, thigh and lower left back region. Screaming, the defendant's wife attempted to stop the defendant but was pushed away.

Unsatisfied, the defendant grabbed the victim by the left hand and legs, lifted and threw him onto the cement floor twice. He then hit the victim in the head before strangling him to a point that the victim's face turned pale.

A struggle ensued between the defendant and his wife as she attempted to stop the defendant.

The defendant then landed a punch on the victim during the scuffle, while the wife was hit on her left shoulder and kicked in the left leg.

Shaken by the assault, the victim urinated and his body trembled. After the incident, the defendant picked up his plate and continued finishing his meal in the kitchen.

The matter was reported by the wife, who brought her son to the RIPAS Hospital.

Before being taken away by prisons officers, the defendant was allowed time to see his family. He broke down in tears as he held his biological daughter. His pregnant wife was present with other family members.

DPP Pg Hjh Hana Molina Pg Hj Mohamad prosecuted the case.