Labourer who slashed lawyer jailed one year after High Court reviews earlier sentence

KUALA LUMPUR: A labourer who slashed a lawyer has had his sentence enhanced to a year's jail and a fine of RM10,000 after a High Court review.

Justice Collin Lawrence Sequerah meted out the new sentence after reviewing the case against M. Samasiveng, 57, who was fined RM5,000 for the offence by a Selayang Magistrate's Court on March 11.

"After hearing the submissions from both sides and reviewing the sentence, this court finds the fine meted out by the lower court as inadequate.

"Therefore, this court sets aside the sentence by the Magistrate's Court and imposes a one-year jail sentence beginning today and a RM10,000 fine in default 12 months' jail," he said here on Friday (March 18).

Samasiveng had been told off by the victim for not wearing a face mask and smoking at a supermarket.

Earlier, deputy public prosecutor Mohd Isa Mohamed submitted to the court that Malaysians should be more aware of the Covid-19 situation and not remove their masks or smoke in public places.

"According to the statement of facts, the accused waited for the victim near the supermarket after he was rebuked (by the victim) and this showed that it was premeditated.

"The accused then took a weapon, a machete, from his car after an altercation with the victim and this showed that the use of the weapon was not for self-defence. The attack with the machete could have caused death," he said.

Lawyer TP Aravind Raj, who represented Samasiveng, appealed for a lighter sentence on the grounds that the Magistrate's Court had already taken into consideration Samasiveng's age and that he needed to care for his wife and grandchild.

"The incident began with a verbal argument when the victim told off the accused who was smoking and not wearing a mask.

"This was not planned. During the incident, the accused was buying groceries with his wife and grandchild," Aravind Raj said.

On March 11, Samasiveng pleaded guilty to hurting Gurcharan Singh, 60, using a machete at a supermarket in Taman Bersatu Rawang, Gombak on March 9.

According to the statement of facts, the victim was with his sister at the cashier's counter.

The victim rebuked the accused, who wanted to enter the supermarket without wearing a mask while smoking.

After the victim left the supermarket, the accused, who was waiting for him, scolded Gurcharan before taking a machete from his car and slashing the victim's head and left arm.

Samasiveng then fled in a car.