Man's sentence reduced to 15 years for causing death
Published on: Wednesday, March 22, 2017
Kota Kinabalu: A 26-year-old jobless man who was jailed 20 years for causing the death of a man in Ranau three years ago saw his sentence reduced to 15 years.Court of Appeal Justices Datuk Lim Yee Lan, Dato' Abdul Rahman Sebli and Puan Sri Zaleha Yusof on Tuesday allowed Agustin Sikul's appeal against his sentence.The court held that the High Court had erred in saying the act of Agustin damaging the car window was an act of pure aggression.
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"We allow the appeal and reduce the term of imprisonment from 20 years to 15 years," held Lim.Agustin was on April 19, 2016 sentenced by the High Court here after he admitted to causing the death of one Marcellus Ilinting, 32, at 9.40pm on Nov 4, 2014 at Restoran Impian Jadi, in Kg Matupang. The offence under Section 304(a) of the Penal Code which carries a jail term of up to 30 years on conviction.Agustin was originally charged with murder but the charge was thereafter reduced to a lesser one of manslaughter.
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Earlier, counsel Arthur Borine, representing Agustin, appealed for the imprisonment sentence to be reduced as it was manifestly excessive.
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Arthur submitted that the sentencing trend on the same offence ranged between 10 and 20 years depending on the circumstances and nature of the offence, adding that Agustin had pleaded guilty to the charge.He also submitted that the judge failed to consider the facts of the case, saying the facts were not sufficient to show an act of pure aggression.Arthur also informed the court that Agustin's family had paid a sogit in the village to appease the victim's family from taking vengeance in the future.Deputy Public Prosecutor Tengku Intan Suraya Tengku Ismail submitted that there was no misdirection by the High Court and that the sentence was according to the law and not excessive.Stay up-to-date by following Daily Express’s Telegram channel.
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