KOTA KINABALU: A security guard failed in his bid to set aside his conviction and sentence for rape and sexual assault of his 15-year-old grandniece.
He received a jail sentence totalling 10 years' jail plus five strokes of the rotan.
High Court Judge Ismail Brahim dismissed the man's appeal and affirmed the lower court's decision.
The man was found guilty on Feb 24, 2021, by the Sessions Court here for raping and sexually assaulting the victim.
On the first count, he was sentenced to 10 years' jail plus three strokes of the rotan for raping the victim (now 20) at midnight on March 12, 2017, at a house in Kota Marudu.
On the second count, he received a three-year jail sentence and two strokes of the rotan for committing physical sexual assault on the same victim at the same time and place.
The court ordered the jail terms to run concurrently.
The rape offence was under Section 376(2)(d) of the Penal Code which carries a jail term of between five years and 30 years and whipping, upon conviction.
The second count, under Section 14(a) of the Sexual Offences against Children Act 2017, provides for a jail term of up to 20 years and whipping on conviction.
The accused was represented by counsel Siti Zawiyah Abdul Zain while Deputy Public Prosecutor Rozana Abdul Hadi prosecuted.