KOTA KINABALU: The Sessions Court here yesterday sentenced a foreigner to four years jail and one stroke of the cane for committing oral sex on an underage girl.
Judge Ismail Brahim found Husain Yunus, 38, guilty of the offence under Section 377B of the Penal Code.
The accused was alleged to have inserted his penis into the mouth of a 14-year-old girl in a car behind a workers quarters building in Likas here on April 6, 2013 between 8pm and 12am.
The offence carries a maximum of 20 years imprisonment, and liable to whipping, upon conviction.
The accused fainted for a few minutes at the dock after the court’s verdict was read to him.
In mitigation, Husain, represented by counsel Intan Timor, said he was remorseful over his actions and has a family and children to support.
In reply, deputy public prosecutor, Aida Jaafar Mad Ariff, pleaded for a heavier sentence considering the young age of the victim and on the grounds that the offence is a serious one.
The prosecution had called up four witnesses during the trial. Ismail also ordered for the accused to be referred to the Immigration Department upon serving his sentence.
Meanwhile, 12 foreigners pleaded guilty to separate charges for illegal entry into the State at the Immigrations Court here yesterday.
The court imposed a sentence of four months jail on all the accused, aged between 20 and 36, and imposed one stroke of the cane on ten persons while two youthful offenders were spared the whip.
The offence under Section 6 (1) (c) of the Immigration Act 1959/63 carries a maximum fine of RM10,000 or imprisonment of up to five years, or both, and shall also be liable to whipping, upon conviction.
In a separate case, the court imposed four months’ imprisonment each on Hairul Hainan and Kamaruddin Sahir for overstaying in the State.
The offence under Section 15 of the same Act carries a maximum fine of RM10,000 or up to five years jail, or both, upon conviction.