The Court of Appeal has dismissed an application for an extension of time to appeal the sentence imposed on a man who abused his partner’s toddler, ruling that the punishment was neither manifestly excessive nor wrong in principle.
In a judgment delivered on June 24, a panel comprising Chief Justice Dato Seri Paduka Steven Chong, Justices Michael Lunn and Edward Timothy Starbuck Woolley upheld the sentence of six years’ imprisonment and five strokes of the cane imposed on Mohammad Ihsan bin Haji Mokhtar by the Intermediate Court after he pleaded guilty to a charge under Section 28(1)(a) of the Children and Young Persons Act.
The court heard that the victim, a boy aged one year and nine months, suffered extensive injuries while under Mohammad Ihsan’s care between March and June 2023. Medical examinations revealed multiple fractures, bruises across his body, a collapsed lung, pelvic fractures and a complete duodenal tear requiring intensive medical treatment.
The judges described the offending as involving several significant aggravating factors, including the victim’s extreme vulnerability, the severity and multiplicity of injuries, a prolonged course of abuse, and a grave breach of trust as the child had been left in the applicant’s care while his mother was at work.
The court also regarded it as an aggravating factor that Mohammad Ihsan attempted to conceal the abuse by falsely claiming the child had fallen from an all-terrain vehicle.
In rejecting the application, the Court of Appeal held that the applicant’s personal circumstances, including his responsibilities towards his children and elderly parents, carried limited mitigating weight given the seriousness of the offence.
The court also agreed with the sentencing judge’s decision to grant only a one-quarter reduction for the guilty plea instead of the usual one-third, noting that the applicant maintained his not guilty plea for more than 18 months before changing it shortly before trial.
While dismissing the application, the Court of Appeal expressed concern over the 20-month delay between the applicant’s arraignment and sentencing, describing the prolonged disposal of the case as unsatisfactory.
The judges stressed that the timely disposal of criminal proceedings is a matter of considerable public importance, particularly in cases involving violence against young children, as delays can undermine public confidence in the justice system and prolong distress for victims, witnesses and accused persons.
Prosecuting Officers Shamshuddin Haji Kamaluddin, Hajah Atiyyah PD Haji Abas and Deputy Public Prosecutor Hajah Nur Ruzana Haji Adnan appeared for the respondent, while Mohammad Ihsan represented himself.