Court dismisses man’s appeal against abusing stepdaughter, 8

Kota Kinabalu: A 31-year-old man, who was jailed 10 years for physically abusing his eight-year-old stepdaughter, saw his appeal against his sentence dismissed on Wednesday.

High Court Judge Datuk Nurchaya Hj Arshad maintained the sentence imposed on Andri Hamizi Yuan @ Antonius after hearing his appeal.

Andri was on Feb 10, this year sentenced to 10 years after he changed his plea to guilty to the charge in the midst of his trial at the Sessions Court.

He pleaded guilty to committing the offence to the girl by beating her in a house in SFI residential area in Sipitang between June 29 and July 3, 2019. The offence, under Section 31(1)(a) of the Child Act 2001, provides for a jail term of up to 20 years, or fine of up to RM50,000, or both, on conviction.

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The Sessions Court heard that the victim was beaten almost daily using cloth hanger, wood, rattan and hands all over her body, which caused her to feel pain.

Andri, who was not represented, requested for the sentence be reduced as he has four small children and a sick wife.

He also said he had repented and that he had met the victim and apologised to her.

When asked on why he beat his stepdaughter, Andri claimed he just wanted to teach her and that he only did it only sometimes whenever she makes a mistake.

Andri claimed he beat the child because the victim sometime sat on her younger sibling’s stomach.

The prosecution objected to Andri’s claim on the grounds that it was not raised during trial before.

Deputy Public Prosecutor (DPP) Megat Mahathir Megat Tharih Afendi told the court that Andri did not plead guilty in the first instance and that the case went on trial and that in the course of trial he pleaded guilty to the charge.

Mahathir also said that it was not the first time Andri committed the offence because based on the victim’s medical report, she had suffered so much pain due to Andri’s beatings.

There was permanent scars on the victim’s body and that a doctor who testified in the trial before Andri changed his plea to guilty, revealed that the victim also suffered severe trauma, said Mahathir.

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The sentence passed by the lower court was also not manifestly excessive as the charge against Andri carries a sentence up to 20 years, he added.

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