A 28-year-old man has been sentenced to 11 months in prison after pleading guilty to assaulting his younger sister when she failed to respond to his request to buy a lighter.
Magistrate Nursyaheeqa Nazwa Radzali handed down the sentence after convicting the man under Section 323 of the Penal Code, read together with Section 326A, for voluntarily causing hurt to a family member.
Section 323 carries a maximum jail term of one year, a fine of up to RM2,000, or both. Under Section 326A, the maximum jail term may be doubled when the victim is a family member.
The incident occurred at a house in Santubong at around 8.30pm on June 28. According to the case facts, the 16-year-old victim lodged a police report after her brother allegedly kicked her waist and punched her forehead.
The accused was arrested at about 11.40pm on August 13. Police investigations found that he was the victim’s eldest brother and lived with her.
The victim was at a neighbour’s house when the accused called out to her, but she did not respond. He then approached her, kicked her waist and dragged her by the hand back to their home.
Once inside the house, he allegedly assaulted her again by kicking and punching her. The incident was believed to have been triggered after the girl failed to respond when he asked her to buy a lighter.
There were no independent witnesses, and the area was reportedly dark when the incident occurred. A medical examination later confirmed that the victim suffered soft tissue injuries to her left temporal region and waist.
Deputy public prosecutor Muhammad Aidil Akmal Sharidan appeared for the prosecution, while the accused was unrepresented.
