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Maximum jail time for poking finger into girl’s vagina BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak


Maximum jail time for poking finger into girl’s vagina

Posted: 03 Jan 2014 09:29 AM PST

by Suraini Andokong. Posted on January 4, 2014, Saturday

KOTA KINABALU: The High Court here yesterday enhanced the jail sentence of a local man from three years and six months to a maximum jail time of 10 years for molesting a three-year-old girl.

Judicial Commissioner Azhahari Kamal Ramli also increased Niuh Juman's whippings from three strokes of the cane to five.

This followed an appeal by Deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin against the sentence imposed by the lower court on the respondent.

The subordinate court here had on October 9, 2013, sentenced the 40-year-old respondent (Niuh) to three years and six months' jail plus three whippings after he changed his plea of not guilty to one of guilty under Section 354 of the Penal Code when the case came up for defence trial yesterday.

The prosecution had called 12 witnesses to testify against the undefended accused.

Niuh admitted to molesting the girl at a house in a village in Likas on September 18, 2012.

The magistrate ordered Niuh to serve his jail term from the date he was charged in court on April 4, 2013.

During the trial, it was revealed that the mother of the victim testified that she came to know about her daughter being molested after she gave her a bath during which the victim complained of pain in her vagina.

The victim's mother then checked the victim's panties and found blood on it.

The mother further asked her daughter what happened and the victim told her that "Sky (the nickname of the respondent) inserted his finger into my vagina".

The medical report of the victim showed that there was penetration into the victim's vagina.

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Local jailed two years, fined RM5,000 over hit-and-run

Posted: 03 Jan 2014 09:26 AM PST

by Natasha Sim. Posted on January 4, 2014, Saturday

KOTA KINABALU: The Magistrate's Court here yesterday sentenced a local man to two years' imprisonment and a fine of RM5,000, in default two months' imprisonment for a traffic hit-and-run offence.

Magistrate Ryan Sangirann Rayner Jr also ordered Marvin Daniel Lubasah, 40, to pay compensation of RM5,000 to the victim's family.

The accused was found guilty of driving recklessly along Jalan Maruntum-Tombovo, Penampang which caused the death of Madikol @ Modikol Yahing, 49, on Feb 22, 2012 at around 5.40pm.

The offence under Section 41 (1) of the Road Transport Act 1987 provides for two to ten years' imprisonment, and a maximum fine of RM20,000, upon conviction.

In his judgment, Ryan ruled that the prosecution had proven its case against Marvin beyond reasonable doubt.

According to the facts of case, Marvin was driving a Nissan Frontier when he entered the opposing lane thus hitting the deceased, who was on a motorcycle.

The accused was believed to be avoiding an animal crossing the road. However Marvin fled the scene without reporting the incident to police.

The court granted the accused a stay of execution, pending an appeal to the High Court.

Marvin is currently on bail of RM5,000, with two local sureties.

Deputy public prosecutor Dominic Chew Ban Huat acted for the prosecution while Marvin was represented by counsel Batholomew Jingulam.

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Two security guards jailed for stealing

Posted: 03 Jan 2014 09:25 AM PST

KOTA KINABALU: The Magistrate's Court here sentenced two security guards, Madzlan Dumih and Md Azman Ahmat, to six months' imprisonment each for a joint charge of theft.

The duo stole 2,417 pieces of arcade coin tokens worth RM1,208.50 belonging to an entertainment outlet in Centre Point, on Dec 30, last year.

The charge framed under Section 380 of the Penal Code is punishable by a maximum ten years' jail, and is also liable to a fine upon conviction.

According to the facts of case, the duo, both of whom worked as security guards at the building, were caught stealing on the building's closed-circuit television (CCTV) footage.

The complainant was observing the CCTV when he noticed one of the cameras being covered by plastic.

In the same court, a local man was sentenced to one year's jail for vehicle theft.

Magistrate Ryan Sangirann Rayner Jr imposed the sentence on Timothy Dawang after he pleaded guilty to the charge.

He admitted to stealing a Honda motorcycle worth RM2,500 from a 41-year-old man on Dec 22 last year near the residential area of Indah Court, Likas.

The offence under Section 379A is punishable by a maximum seven years' jail, and is also liable to a fine on conviction.

Prosecuting officer Inspector Syahrin Ali prosecuted both the cases.

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Car thieves have jail sentence upped to 24 months

Posted: 03 Jan 2014 08:26 AM PST

KUCHING: Two men, who were initially sentenced to 13 months in jail for illegal possession of a stolen car belonging to an assistant minister, had their sentences increased to 24 months after a deputy prosecuting officer appealed for a revision of their sentence yesterday.

DPP Poh Yih Tiin made the application against the inadequacy of the sentence meted against Junaidi Razali, 47, from Semariang and Robert Denik Jishian, 29, from Bau, at the High Court and Justice Dato Rhodzariah Bujang increased the sentence to 24 months with effect from the date of their arrest.

The duo was sentenced under Section 411 of the Penal Code for illegal possession of a Toyota Fortuner that was forcibly taken from the possession of an assistant minister.

They were caught driving the car with a new plate number and attempted to cross the border at the Serikin Customs checkpoint at 6.20am on Dec 21.

The assistant minister was robbed of his car at Kota Sentosa about 7am on Dec 16.

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