Court of Appeal triples teacher’s jail term for sexually assaulting student

 Bench enhances sentence from four to 12 years, says it wants to send a strong warning to those who abuse their positions of authority.

The Court of Appeal said it was exercising its powers under Section 60(1) of the Courts of Judicature Act 1964 to enhance the sentence, although the prosecution had not filed a cross-appeal against it.

PUTRAJAYA:

A 47-year-old secondary school teacher has had his jail sentence increased from four to 12 years after he lost his appeal against his conviction for sexually assaulting a 16-year-old female student.

A three-member Court of Appeal bench chaired by Justice Azman Abdullah also increased the whipping imposed on him from two to three strokes.

Azman, sitting with Justices Hayatul Akmal Abdul Aziz and K Muniandy, said the court was exercising its powers under Section 60(1) of the Courts of Judicature Act 1964 to enhance the sentence, although the prosecution had not filed a cross-appeal against it.

He said the heavier sentence was intended to ensure the appellant regretted taking advantage of his position as a teacher.

“It is also a warning to all teachers out there of the consequences of abusing their position of authority,” he said.

The court issued a warrant of committal for the teacher to begin serving his sentence today, as he had been on bail pending the outcome of the appeal.

The offence took place at a house in Butterworth, Penang, in early March 2019.

The prosecution’s case was that the teacher had picked up the girl from a playground near her home and taken her for a meal at a fast-food outlet before bringing her to the house, where he sexually assaulted her.

The victim kept the incident secret initially because she feared the consequences and the impact on her family’s dignity.

The matter came to light after her stepfather filed a police report in 2020, followed by a report by the victim in June 2021.

The sessions court had sentenced the teacher to two years’ imprisonment and two strokes of the cane under Section 14(a) of the Sexual Offences Against Children Act 2017 for physical sexual assault.

It also imposed a further two years’ imprisonment under Section 16(1) of the same Act because he had committed the offence while holding a position of trust.

The two jail terms were ordered to run consecutively, bringing the total sentence to four years.

Today, the Court of Appeal increased the principal jail term under Section 14(a) from two to 10 years and the whipping from two to three strokes.

It maintained the additional two-year jail term under Section 16(1), also to run consecutively, bringing the total imprisonment to 12 years.

The teacher will also be placed under police supervision for two years after completing his prison sentence.

Deputy public prosecutor S Sarulatha appeared for the prosecution, while Alif Ahmad Tarmizi represented the appellant. - FMT