KOTA KINABALU: The Federal Court yesterday enhanced the 18-year jail sentence of a 58-year-old man for manslaughter to 25 years after allowing an appeal by the prosecution.
The panel, comprising Justices Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar, Tan Sri Hasan Lah, Dato’ Abu Samah Nordin and Dato Azahar Mohamed allowed the appeal made by the prosecution on Gunus Sagena’s sentence.
Deputy public prosecutor Tengku Amir Zaki Tengku Abdul Rahman, in his appeal, stated that the findings of grave and sudden provocation (GSP) injuries – 12 wounds – were not proportionate to the defence of GSP, as two weapons, a sword and an axe, had been used to inflict the injuries on the deceased.
Counsel Ram Singh, for Gunus, argued that his client had been mocked by the deceased, Gunus, who was also his neighbour. He was persistently teased by the deceased, saying that Gunus had committed bestiality with a cockerel, over a period of five days and no less than 10 times a day.
Gunus, a simple villager working as a carpenter, became consumed with a desire to teach his neighbour a lesson. After persistently being mocked, he snapped and lost his power of reasoning leading to the crime.
Ram, in his reply, said that the pathologist could not ascertain whether two weapons were used. However, the axe had the blood stains of the victim on it.
Gunus was accordingly charged with causing the death of Alias Sape at Kampung Kongsi 8, Mile 5, Jalan Apas, Tawau around 12.30 pm on August 8, 2007.
Following the conclusion of the trial, the High Court judge reduced the charge from murder to that of manslaughter, under Section 304 (a) of the Penal Code, punishable with imprisonment of 30 years, and sentenced Gunus to 18 years’ imprisonment, which was later affirmed by the Court of Appeal.
Meanwhile, in a separate case, a juvenile offender had his appeal dismissed by the same court.
The order was made in respect of the accused, a juvenile offender, who had killed a youth.
Counsel Hamid Ismail for the accused, had put forward two arguments; the improper treatment of the appellant’s defence, and failure to consider the whole evidence at the end of the trial.
The accused was charged with the murder of Abdul Mobin Ibrahim on October 11, 2009, between 11pm and 11.08pm at the ground floor of an apartment in Tuaran.
The charge, framed under Section 302 of the Penal Code, is punishable with the mandatory death penalty.
The accused was found guilty by the High Court on January 5, 2011, and sentenced to be detained in prison at the pleasure of the Sabah Head of State.
On May 17, 2012 the Court of Appeal dismissed an appeal made by the accused.
Deputy public prosecutor Norina Bahudin prosecuted the case.