SEREMBAN: A 28-year-old man has been sentenced to three years in jail by the High Court here after he pleaded guilty to an alternative charge of unintentionally causing his father's death.
P. Niruben did not contest the charge after it was read to him before Justice Rohani Ismail on Tuesday (April 22).
"After weighing the mitigating factors and evidence by the prosecution, the court hereby sentences you to three years' jail.
"You are fortunate that the charge has been reduced (from murder to culpable homicide) and it is my hope that you will not act recklessly and hastily in future," Justice Rohani said.
Niruben was charged under Section 304(b) of the Penal Code for culpable homicide not amounting to murder, which carries a jail term of up to 10 years or a fine, or both, upon conviction.
He had claimed trial when he was first charged under Section 302 of the Penal Code, which carries the death penalty, or imprisonment of between 30 and 40 years and caning upon conviction.
He was accused of committing the offence between 12.20am and 1.10am on Aug 5, 2023 in front of a house at Taman D'Ambang in Lukut, Port Dickson.
Earlier, deputy public prosecutor Nor Baizura Mohd Saubian told the court that the prosecution had accepted a representation from the defence to review the charge from Section 302 to 304(b) of the Penal Code.
Paul Krishnaraja, who represented Niruben, then asked the court for a minimal jail sentence as he was remorseful and it was his first offence.
"Also, I would like to state here that the victim, who was intoxicated, was the one who started the fight.
"He attacked the accused with a stick first, leaving him with head injuries," he said, adding that the accused, a lorry driver, had to provide for his mother and a younger sibling.
He said the victim was also a habitual drinker and often abusive towards his wife.
He said the accused had also saved the court's time by pleading guilty.
DPP Nor Baizura then told the court that although the accused had saved the court's time, public interest had to take priority.
"The accused has committed a serious offence as a life has been lost.
"Pleading guilty does not mean that the accused should automatically be given a light sentence," she added.
