Kota Kinabalu: An unemployed 29-year-old man escaped the hangman’s noose after the Court of Appeal Tuesday commuted his death sentence to 30 years jail and 12 lashes of the cane for murdering his brother-in-law seven years ago.
A panel of three judges comprising Datuk Supang Lian, Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong made the unanimous decision and commuted Aldin Tawasik’s death sentence after hearing his appeal.
Aldin was ordered to serve the jail sentence from the date of his arrest.
He was on Oct 15, 2021 sentenced to death by the Tawau High Court after he was found guilty of murdering one Ronston Tunai on June 16, 2017, at 3pm, in Kg Sabah Baru, Jalan Tengah Nipah, Lahad Datu.
The charge was framed under Section 302 of the Penal Code and following an amendment made to Section 302, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence.
Male offenders shall also be punished with whipping of not less than 12 strokes.
Earlier, counsel Datuk Ram Singh together with counsel Chen Wen Jye, representing Aldin, informed the court of writing a representation letter to reduce the sentence, which the prosecution confirmed to have received it.
Ram appealed for a minimum jail sentence of 30 years as the appellant, was a first offender, aged 22 when the offence was committed, had been under remand for seven years and that the victim was his brother-in-law.
Deputy Public Prosecutor Mohd Amril Johari agreed with the prosecution as the respondent proposed imprisonment for 35 years and 12 lashes of the cane.
