KOTA KINABALU: A soldier was fined RM2,500 in default four-month jail by the magistrate's court here for assaulting his wife.
The altercation stemmed from a misunderstanding, as the man suspected his wife was involved with another man.
Corporal Mohamad Zul Iskandar Hassan, 32, pleaded guilty before magistrate Stephanie Sherron Abbie to committing the offence against the 28-year-old woman at a residence in the Lok Kawi army camp in Penampang at 9pm on June 4, last year.
Zul was charged under Section 323 of the Penal Code, read together with Section 326A of the same Act.
Section 323 carries a jail term of up to one year or a fine of up to RM2,000 or both on conviction.
At the same time, Section 326A states that whoever causes hurt to his spouse or former spouse, a child, a disabled adult, or other family members and commits an offence under Section 323, 324, 325, 326, 334 or 335 shall be punished with imprisonment for a term of twice as long as the maximum term for which he would be liable to on conviction for that offence.
According to the case facts, the incident occurred due to a misunderstanding. The man accused his wife of having a relationship with another man after seeing her chatting with someone via WhatsApp.
Further investigation disclosed that the wife was on her handphone chatting with a woman to find a babysitter for their child.
Due to a misunderstanding, the accused punched his wife in the back of her head, body, and on the cheek.
The facts also stated that the assault incident was not the first time. However, this time, the wife lodged a police report for further action and to be referred to the Syariah court for divorce.
During mitigation, National Legal Aid Foundation (YBGK) counsel Lim Ming Zoong @ Lawrence, who represented Zul, asked for a lower fine.
Inspector Suzie @ Stephanie Kupit urged a deterrent sentence, considering the assault incident was not the first time.