Stepfather jailed 15 years, fined for biting, slapping child

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KOTA KINABALU: A stepfather was jailed for 15 years and fined RM50,000, in default, 12 months in jail by the Sessions Court here yesterday for biting and slapping a toddler.

Judge Ainul Shahrin Mohamed imposed the sentence on Mohd Hisham Jumaad, 30, after he changed his plea from not guilty to guilty during mention of his case, yesterday.

The judge also ordered him to undergo a good behaviour bond for three years and 240 hours of community service to be completed within six months and both to start after the completion of his imprisonment.

If the accused violated the bond or failed to undergo the community service, he will be fined RM10,000 or jailed for another five years, or both.

The stepfather committed the offence against the two-year-and-seven-month-old toddler which resulted in swollen and bruised body in the room of their home in Penampang at 10.30pm on July 3.

The offence was framed under Section 31 (1) (a) of the Child Act 2001 and punishable under Section 31 (1) of the same Act which carries a fine of up to RM50,000 or imprisonment not exceeding 20 years, or both, upon conviction.

In pleading for a lenient sentence, the accused, who was represented by counsel Michelle Usman, told the court that he had pleaded guilty to the offence and remorseful for what he had done.

She said that her client treated the child as his own. He took care of him every time his wife went to work and he even took leave when the child got sick.

Michelle also told the court that the accused was not in his right frame of mind during the incident as he was drunk and could not recall what had happened.

She said that the accused had a fight with his wife, and she even challenged him to go on with his threat to slap the victim.

In reply, deputy public prosecutor Akmalzatul Mohamed Nawi submitted that the accused had abused the victim by causing physical and emotional injuries.

She said that the victim, aged two years and seven months, was vulnerable and defenceless.

The accused had abused the position of trust given by the victim’s mother, she added.

She also said that based on the medical reports of the victim, the toddler had suffered bruises all over his body and circular function wounds due to cigarette bud.

Akmalzatul even highlighted that there were bite marks on the victim’s abdomen, scrotum, penis and anus.

Therefore, she urged the court to impose a deterrent sentence against the accused to serve as a lesson not only to the accused but to the public as well to deter them from committing a similar offence.

At the end of the proceedings, the counsel wanted to argue on neoliberalism and its effect on society and root causes of crimes but stopped herself short so as not to disrupt the court proceedings.

At the same time, the accused, in tears, prayed to be given a chance to say a word and told the court that he felt remorseful and regretted for what he had done.

He said that he had never hurt the child and all of the things happened due to the alcoholic drinks he consumed.

The accused also said that he promised not to repeat a similar offence and prayed for the court to lessen his custodial sentence.

Based on the facts of the case, the victim’s brother had gone to their babysitter and asked for help to save the victim, who was abused by the accused.

Then, the babysitter took the victim when she saw his bruised and swollen face. There were also bite marks on his body and private parts.

The victim was taken to Likas Hospital here for examination and the result showed that he had bite marks on his private parts, cigarette burn on his arm, bruises on his face and body as well as wound on his lips.