KOTA KINABALU: A Filipino labourer was sentenced to 25 years’ jail by the High Court here yesterday for causing the death of a Filipino youth.
Justice Datuk Nurchaya Hj Arshad meted out the sentence on Ismail Rasad, 35, after the latter pleaded guilty to the charge yesterday.
In her ruling, the judge held that the prosecution had failed to prove the essential ingredients of murder under Section 302 of the Penal Code, which carries the mandatory death sentence upon conviction.
However, the prosecution had successfully proven all ingredients on the charge of manslaughter under Section 304 of the Penal Code and the judge ordered the accused to enter his defence, to which the accused pleaded guilty to the said charge.
The charge carries a jail term of up to 30 years and also liable to a fine upon conviction.
The judge also ordered him to serve the custodial sentence starting from the day of his arrest.
Ismail committed culpable homicide not amounting to murder of one Mohammad Adzmar Alex, 19, at an unnumbered house at Kampung Rampayan in Manggatal at 11.30pm on May 1, 2016.
In mitigation the IMM13 holder represented by counsel Ram Singh urged the court to consider a one third discount of the maximum 30 years jail sentence provisioned in the Act.
Ram, who acted on a pro bono basis, said the accused had a sister who came to the state together with him from the Philippines.
He said the accused’s sister has nine children and they live in Labuan.
He also said the accused’s sister informed him that the accused had been hearing voices since the last two years and required treatment.
Deputy public prosecutor Gan Peng Kun replied that the public demanded for a deterrent sentence to be imposed against the accused in order to keep the accused from causing future harm towards society.
He said a guilty plea would not entitle the accused to a discount.
The accused had taken the life of the deceased who was at the prime of his youth, he added.
The facts of the case stated that on that day, a person namely Abu Bakar was awakened by some noises in the living room of his house and when he went to check, he saw the accused and the deceased in an altercation facing each other.
Abu Bakar grabbed the accused while the deceased retreated to the kitchen but fell onto the kitchen floor.
While Abu Bakar held the accused, he saw that the accused had a knife. Abu Bakar took the knife from the accused and threw it outside the house and at the same time, shouting for help while holding onto the accused.
A neighbour came with a rope and tied up the accused before he was handed over to the police one hour after the incident.
The prosecution called 12 witnesses in the trial which commenced on July 31.