The MUAR High Court today set aside the RM6,000 fine imposed on a cleaning worker who pleaded guilty to recording and possessing 18 nude video recordings and several nude photographs of his stepdaughter while she was bathing at his home last year.
Judge Datuk Meor Hashimi Abdul Hamid ruled that the sentence would be replaced with six months in prison starting today, reported Harian Metro.
In his judgment, Meor Hashimi argued that the fine imposed by the Sessions Court on March 19 did not commensurate with the offense committed by the accused.
"Offenses under Section 10 of the Sexual Offences Against Children Act (SOACA) 2017 are serious.
"As a stepfather, the accused should have protected the victim from irresponsible actions. The accused's actions left lasting effects and trauma on the victim, and the court considers that the accused should be given an appropriate sentence.
"Applying Section 323 of the Criminal Procedure Code read together with Section 325 of the same code, and based on the considerations and mitigations from both parties, the fine imposed by the Sessions Court is set aside and replaced with six months imprisonment starting today."
The court also ordered the RM6,000 fine paid by the defendant to be refunded.
On March 19, the 56-year-old accused was brought before the Sessions Court and pleaded guilty before Judge Nariman Badruddin wjp imposed a fine.
According to the charges, he was accused of possessing child pornography material, namely 18 video recordings and several nude photographs of his 15-year-old stepdaughter while she was bathing.
The act took place between September 17 and December 21 last year, with the section providing for imprisonment of up to five years or a maximum fine of RM10,000 or both, upon conviction.
However, a week later, the Attorney General's Chambers (AGC) filed a notice of appeal over the decision of the Sessions Court. – March 27, 202
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