TAWAU: The Sessions Court here today sentenced a man to nine years in prison and four lashes after pleading guilty to sodomising a 16-year-old teen last March.
Barber, Meruan Daud, 49, made the confession after the charges were read out by the Court's interpreter in front of Judge Ahmad Faizadh Yahaya.
Ahmad Faizadh, in his judgment, said that the court considered the charges, the case facts, the nature of the offense, the accused's appeal, the prosecution's arguments, and public interest when determining the sentence.
The act was carried out at the accused's barber shop in Kampung Mentadak Baru Sungai Tamang, Sebatik Island, near here, at noon, on March 11.
The charge is filed under Section 14(a) of the Sexual Offences Against Children Act 2017, which provides for imprisonment for a period not exceeding twenty years and whipping if convicted.
Deputy Public Prosecutor Mohd Suhaimi Suryana, while presenting the aggravating factors for sentencing, said that the accused had exploited the victim starting at the age of 13 and continued this abuse until the victim turned 16.
"The prosecution also takes into account the humanitarian factor towards the victim when the medical report confirms that the victim is infected with HIV.
"A child at such a young age should not be suffering from this disease and even the accused in his affairs has not shown any remorse or guilt for what he did to the victim," he said.
Based on the facts of the case, the accused knew the victim because he lived in the same village and often committed the heinous act once a week with the last incident on March 13.
However, the act was revealed after the victim, who was referred to the Emergency and Trauma Department of Tawau Hospital, was found to be HIV positive as a result of a rapid screening test at the Kubota Health Clinic, before the victim admitted to having had same-sex intercourse with the accused.
The court then ordered the accused to serve a prison sentence effective from the date of his arrest, which is April 2, 2024, in addition to being required to undergo rehabilitation counseling throughout his imprisonment and be under police supervision for a period of two years after completing his prison sentence.