SIBU: The High Court here today sentenced an oil palm plantation worker to 13 years’ jail for culpable homicide not amounting to murder of his countryman.
In his judgement, Judicial Commissioner Christopher Chin Soo Yin found the accused named only as Odang, 33, from Indonesia guilty of the amended charge of culpable homicide not amounting to murder under Section 304(a) of the Penal Code.
He also ordered the accused to serve the sentence from the date of his arrest on Feb 22, 2019.
The accused was convicted of committing the offence by causing the death of the victim known only as Rianto at Kenyana Estate in Mukah between 9.30pm on Feb 20, 2019 and 7.20am on Feb 21, 2019.
Odang was originally tried for murder under Section 302 of the Penal Code which provides for a mandatory death sentence upon conviction.
Chin further recomended that the accused be referred to the Immigration Department immediately upon the completion of his term of imprisonment.
In mitigation earlier, Odang represented by legal counsel Ranbir Singh told the court that prior to his arrest, the accused was working as an oil palm plantation worker earning a salary of RM1,500.
He said the accused would keep RM500 for himself and the remaining RM1,000 sent back to his mother who is old and sickly. His father had passed away.
“The accused had cooperated with the police at all stages of the investigation and he had never attempted to abscond from the consequences of his act.
“The accused is Indonesian and there is no doubt that after serving sentence, he will be sent back or deported to Indonesia and will not be permitted to re-enter Sarawak. Therefore, he would not be threat to Malaysian society,” he argued.
In reply, Deputy Public Prosecutor Rex Heng Yi Min urged for a deterrent and heavy sentence to be imposed to not only amplify the message of the judiciary but also for the accused himself to reflect on his action.
