SEREMBAN: A 34-year-old former cement truck driver has been sentenced to eight years’ jail by the High Court here for manslaughter in the death of his four-year-old stepdaughter.
Judge Rohani Ismail ordered Abu Hassan Darus, who was initially charged under Section 302 of the Penal Code for murder, to serve the sentence from the day of his arrest in Feb 2021.
"The court finds that the defence team has successfully proven that the accused had no intention of murdering the victim as provided under Section 304(B) of the Penal Code.
"After taking into account the mitigating factors from the defence and the aggravating factors by the prosecution, the accused is hereby sentenced to serve eight years in jail from the date of his arrest," she ruled.
Section 304(b) states that offenders can be jailed for up to 10 years or fined or both if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Abu Hassan was first charged under Section 302 of the Penal Code for murder in Feb 2021.
The accused was charged with murdering Ummi Yusnani Sofea Herwan Norhadi between 3pm and 5pm at a house in Kg Halacara Baru Londah in Gemas on Feb 1, 2021.
A post-mortem examination had found that the victim suffered multiple injuries while dental specialists confirmed there were bite marks on her body.
The suspect was arrested on Feb 9, 2021 after the victim’s brother told police that she was often beaten by their stepfather.
In mitigation, counsel for the accused Kartikeyan Supramaniam asked for a lower sentence as this was Abu Hassan's first offence.
He said the accused, who was the family's sole breadwinner, also had to provide for a child and his four other stepchildren.
"The law also gives discretion to the court to decide on the sentence as there is no minimum sentence stated under Section 304(b) of the Penal Code," he said, adding this will also help reduce overcrowding in prisons as a longer period of incarceration should be reserved for habitual offenders.
Nor Baizura Mohd Saubian prosecuted.
