Saturday September 15, 2012
Habitual sex offender sentenced to 12 years’ jail and gets five strokes of the rotan
By M. MAGESWARI
KUALA LUMPUR: Two victims explained to judges in two different courts the trauma they suffered after being involved in a sexual-related offence and gang robbery.
They were asked by the judges to give a victim impact statement (VIS) to know the effect the crimes had on them before sentences was passed on the offenders. (Second case below).
In the first case, a 20-year-old college student told Sessions Court judge Emelia Kaswati Mohamad Khalid that he became reclusive and depressed after an unemployed man performed oral sex on him.
“I am scared of dark places. I am afraid of every man with the same body build as the attacker. Even now, I can’t bring myself to look at him,” he said of his attacker Hamzani Mohd Daud, 35.
The student said he lost his appetite and suffered pains on his private parts and waist due to the incident.
“I also have health problems,” he said, adding that his career also suffered as he could no longer concentrate on his work.
His make-up artist brother, who was present in court, said their family was worried as the student now preferred to be alone, depressed and had lost his self-confidence.
DPP Ooi Chean Ling pressed for a deterrent sentence, saying that Hamzani who was jailed by the Kelantan Sessions Court in 2004 for 10 years and ordered to be whipped twice for committing carnal intercourse against the order of nature, was a habitual offender.
“He was released in 2010 and he committed this same offence. He is a habitual offender,” said Ooi.
Judge Emelia Kaswati sentenced Hamzani to 12 years’ jail and five strokes of the rotan for performing oral sex on the victim.
She also jailed him an additional five years for extorting RM50 from the student. The jail terms are to run concurrently from the date of arrest on Sept 2.
Hamzani had admitted to committing the offence in a hotel room in Jalan Tuanku Abdul Rahman on Sept 2.
Hamzani had introduced himself to the student as an auxiliary policeman and took him to a hotel where he forcefully performed oral sex on the victim twice.
He also scolded and threatened the victim when he could not masturbate.
In sentencing him, Judge Emelia Kaswati said that she took into account public interest and that the accused was a habitual offender.
Under Section 183A of the Criminal Procedure Code, the victim or a family member can, on request, make a statement explaining the impact of the offence to them. This is following a recent amendment made to the CPC.