KUCHING: Two unemployed men were sentenced to 13 years each by a High Court here yesterday for causing the death of an elderly man at Kampung Pelandok Ulu in Asajaya last year.
High Court judge Datuk Yew Jen Kie handed down the sentence on Solihin Bujang, 22, and Bahim Mail , 34, after the duo pleaded guilty to an amended charge of culpable homicide offered to them last Friday.
The amended charge provided under Section 304(a) of the Penal Code w provides a maximum penalty of 30 years imprisonment.
They escaped the gallows as their original charge was under Section 302 of the Penal Code for murder, a section that provides a mandatory death penalty upon conviction.
They were charged with causing the death of 68-year-old Walena Halida between 3.30pm to 11pm inside his house on June 27 last year.
The deceased was found lying in a pool of blood in front of the door by his brother, Yusuf Halida, with injuries on his head.
The deceased lived alone in the house since his wife passed away about 20 years ago while his daughter moved to the city and his son works in Peninsular Malaysia.
Prior to delivery of the judgment, the deceased’s daughter, Siti Marwah, in her impact statement at the court said she was traumatised as she saw her father’s body lying lifeless in a pool of blood.
“He was a father, mother and brother for me since my mother passed away when I was 10 year old. It was a cruel and heartless act against an old man,” she said holding back tears.
In passing the sentence, Justice Yew said she took into account the fact of the case, nature of the offence as well as public interest.
Yew rejected the application made by defence counsel Abdul Rahman Mohd Hazmi under Section 172 D (1)(c)(ii) of the criminal procedure code which entitle the accused to be imposed a sentence half of the penalty provided under the law.
The court ordered their custodial sentence to take effect from their date of their arrest on July 4 last year. DPP Stella Augustine Druce prosecuted.