SIBU: A 67-year-old Indonesian, who pleaded guilty to an alternative charge of culpable homicide not amounting to murder, was sentenced today (Nov 16) by the High Court to five years behind bars.
In delivering the sentence, Justice Wong considered the seriousness of the offence, the need for a deterrent sentence, and public interest.
The judge also took into account the guilty plea, the age, health condition, and circumstances of the accused, along with submissions from the deputy public prosecutor (DPP) and the defense counsel.
Justice Wong ordered the imprisonment sentence to begin from the date of the accused’s arrest on March 2 last year.
Marius originally charged with murder under Section 302 of the Penal Code, which carries a death penalty upon conviction, acknowledged the reduced charge and the nature of maintaining his plea of guilt.
The charge against him stated that he committed culpable homicide not amounting to murder by causing the death of Sawing Mara, 46, at a house in Jalan Camar on March 2 last year at about 1pm.
The offence listed under Section 304(A) of the Penal Code provides for an imprisonment term of up to 30 years and is also liable to a fine.
DPP Mark Kenneth Netto presented the facts of the case, revealing that on March 2, 2022, at around 4.30pm, Richard Dalam discovered a motionless man on the ground floor of the house.
Richard then reported the incident to the Sungai Merah police station. At approximately 5pm on the same day, the accused surrendered at the Sibu Central police station.
Upon arrest, the accused displayed injuries to his head and arm, prompting referral to Sibu Hospital for a physical examination.
The medical examination revealed laceration wounds, with the accused claiming to have been assaulted by unknown people around noon on that day.
DPP Mark told the court that the accused, together with the deceased, had an altercation earlier that day.
The accused, accused of stealing cooking utensils, was verbally abused and threatened by the deceased. Two men later attacked the accused, leading to injuries.
In response, the accused swung a wooden plank at the deceased, causing his collapse.
The investigation revealed the accused’s act was a result of grave and sudden provocation by the deceased.
The accused, represented by counsel Ranbir Singh, pleaded for leniency.
