The Court of Appeal today increased a 47-year-old secondary school teacher’s prison sentence from four to 12 years after dismissing his appeal against his conviction for sexually assaulting a 16-year-old female student.
A three-member bench chaired by Justice Azman Abdullah, sitting with Justices Hayatul Akmal Abdul Aziz and K Muniandy, also raised the whipping from two to three strokes. Azman said the court was exercising its power under Section 60(1) of the Courts of Judicature Act 1964 to enhance the sentence, even though the prosecution had not filed a cross-appeal.
He said the heavier sentence was meant to make the appellant regret 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 offence took place at a house in Butterworth, Penang, in early March 2019. The prosecution’s case was that the teacher picked the girl up from a playground near her home and took her for a meal at a fast-food outlet before bringing her to the house, where he assaulted her. The case came to light after her stepfather lodged a police report in 2020, followed by a report from the girl in June 2021.
The Sessions Court had sentenced him to two years’ jail and two strokes of the cane under Section 14(a) of the Sexual Offences Against Children Act 2017, and a further two years under Section 16(1) of the same Act for committing the offence while in a position of trust, with the terms to run consecutively.
The Court of Appeal raised the jail term under Section 14(a) to 10 years and kept the additional two years under Section 16(1), bringing the total to 12 years. The teacher, who had been on bail pending the appeal, was ordered to begin serving his sentence immediately and will be placed under police supervision for two years after his release.
This article is general information, not legal advice. For advice on your own situation, speak to a lawyer.