Manslaughter: Filipino is jailed 25 years

Kota Kinabalu: A 37-year-old Filipino labourer initially charged with murdering his fellow countryman, was sentenced to 25 years' jail on a lesser charge of manslaughter, Thursday.Ismail Rasad, who holds an IMM13 document, pleaded guilty before High Court Judge Datuk Nurchaya Haji Arshad to causing the death of Md Adzmar Alex, 19, also an IMM13 document holder, at 11.30pm on May 1, last year at Kampung Rampayan, Manggatal.

Nurchaya in delivering her ruling on the original charge against Ismail, held that the prosecution failed to prove the essential ingredients of murder under Section 302 of the Penal Code but had successfully prove all ingredients of the charge on manslaughter under Section 304(a) of the Penal Code.

She ordered Ismail to enter his defence on the manslaughter charge but Ismail, through counsel Ram Singh told the court that he wanted to plead guilty.

Ram applied for a lenient sentence and told the court that Ismail has no formal education while in the Philippines and came to Sabah to work as a labourer.

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Ram said according to Ismail's sister, he had been hearing voices for the last two years and required treatment.

He urged the court to consider a one-third discount out of 30 years of the maximum sentence.

Deputy Public Prosecutor Gan Peng Kun submitted that public interest demand a deterrent sentence to keep Ismail from causing further harm to society.

He said guilty plea does not automatically entitled Ismail to a discount sentence.

The nature and number of injuries inflicted on Md Adzmar could be inferred that Ismail had intended to cause his death, said DPP Gan.

Ismail had deprived Md Adzmar, who was at the prime of his youth, the chance to live a life to the fullest, said DPP Gan.

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He proposed 20 to 25 years of imprisonment based on the circumstantial of the case.

The main charge under Section 302 of the Penal Code provides for death upon conviction while the lesser charge under Section 304(a) of the Penal Code carries a jail term of up to 30 years on conviction. - Jo Ann Mool

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