SIBU: The High Court here today (July 29) enhanced the prison sentence imposed on a caregiver convicted of assaulting an elderly woman under his care, ruling that the original punishment was manifestly inadequate given the gravity of the offence.
Judicial Commissioner Alvin Leong Yin Yuan allowed the Public Prosecutor’s appeal and increased the respondent’s jail term from seven months to one year, effectively adding five months to the sentence after taking into account the period already served.
The respondent, Donnel Lusing, 28, had earlier pleaded guilty in the Magistrates’ Court on December 6, 2024, to causing hurt to the elderly victim, who was under his care, and was sentenced to seven months’ imprisonment.
He was indicted under Section 325 of the Penal Code, which provides for an imprisonment of up to seven years and liable to fine, upon conviction.
According to the charge, he had voluntarily caused grievous hurt to a 60-year-old woman on December 1, 2024, at a senior-citizens’ care home at Jalan Geronggang here.
In delivering the ruling, the court stressed that the respondent owed a clear duty of care to the complainant, describing his conduct as highly reprehensible.
“The respondent has a duty of care towards the complainant. The complainant was an elderly victim and it was reprehensible for him to inflict violence on her. I note also the serious nature of injuries suffered by her,” the judge said in the grounds of judgment.
While acknowledging the lengthy period that had elapsed between the respondent’s sentencing and the hearing of the prosecution’s appeal, the court held that the seriousness of the offence outweighed that consideration.
“I find that the sentence imposed was manifestly inadequate,” the judge ruled before enhancing the custodial sentence from seven months to one year, while giving credit for the time already served.
In his earlier submission, Deputy Public Prosecutor (DPP), Mark Kenneth Netto, who appeared for the appellant pointed out that enhancement of custodial sentence is necessary not only to punish the respondent appropriately but also to protect the public, especially seniors who depend on caregivers for safety and dignified treatment.
He respectively submitted that the sentence imposed is manifestly inadequate and urged the Court to enhance the imprisonment term to a level commensurate with the gravity of the offence.
The respondent was represented by legal counsel, Eliah Lau of National Legal Aid Foundation.
The case attracted public attention after the caregiver admitted to assaulting the elderly woman entrusted to his care, prompting the prosecution to seek a stiffer punishment on grounds that the original sentence failed to reflect the seriousness of the offence and the vulnerability of the victim.
The High Court’s decision underscores the judiciary’s firm stance against violence committed by caregivers, particularly where elderly and vulnerable persons are concerned, reaffirming that those entrusted with a duty of care will be held to a higher standard of responsibility.
