8th August, 2012
KOTA KINABALU: A local man was sentenced to a total of six years imprisonment by the Magistrate’s Court for physically abusing and assaulting his 16-month-old son.
However, Tomli Ujin, 24, will only serve three years imprisonment as the court ordered the sentence of three years imprisonment for each charge to run concurrently.
Magistrate Cindy Mc Juce Balitus handed down the sentence on Tomli after he changed his plea when the case was up for case management yesterday.
Tomli admitted physically abusing and voluntarily causing grievous hurt to his son at a house in Kampung Tunoh, Penampang between June 10 and June 25 about 4am and 5am.
For abusing his son, Tomli was charged under Section 31 (1) (a) of the Child Act which provides a maximum fine of RM20, 000 and also liable to be jailed up to 10 years or both, on conviction.
The second charge is framed under Section 325 of the Penal Code which provides imprisonment of up to seven years and fine.
In pleading for leniency, Tomli who appears guilt-ridden told the court that he has his parents to look after.
However, Inspector Azaman Hamat urged the court to impose a deterrent sentence as the accused had hurt his own son and he was also under the influence of drugs when he committed the crime.
The court heard the accused punched, slapped and pinched the toddler. He also kicked and threw the child against the wall and cabinet.
The court was told that the accused went into a rage as the cries of the toddler had disturbed his sleep. The wife tried to stop the accused but to no avail. The incident came to light when the toddler’s grandfather saw the injuries on the body and rushed him to the hospital.
A police report was lodged on June 25, by a hospital doctor as he suspected that the child was abused.
The case was first brought to court on July 2, where the accused denied the allegation but he admitted to injuring the son.
He admitted only to consuming syabu when the case was mentioned before Magistrate Herlina Muse pending medical report on July 30.
He was subsequently jailed four months for taking the drugs.