KOTA KINABALU: A 38-year-old man has been sentenced to 20 years in prison by the Sandakan High Court on Thursday (June 26) for causing the death of his six-month pregnant wife during violent sexual intercourse.
The court found Mohd Rusdi Mohd Nor, who is unemployed, guilty of unintentionally causing the death of Dr Azma Ab Rajab, a medical officer, on Nov 9, 2022, at their condominium on Jalan Utara.
Justice Datuk Celestina Stuel Galid ruled that the prosecution had proven the case beyond reasonable doubt under Section 304(a) of the Penal Code, which covers causing death without intent to murder.
In delivering the sentence, she acknowledged that the act was not premeditated and that there was no prior history of domestic violence.
However, she stressed the severity of the consequences, which included the death of both the wife and their unborn child.
During mitigation, the defence argued that Rusdi was remorseful, had cooperated fully with police, and that the incident happened spontaneously without intent to kill.
The court heard that there were no signs of strangulation, but injuries were found around the victim’s nose, mouth, and neck.
Deputy Public Prosecutor Risal Abd Fikkah highlighted that the cause of death was asphyxiation due to smothering, and the victim had likely struggled to survive.
He also noted the tragic irony that Dr Azma, a dedicated emergency doctor at Duchess of Kent Hospital in Sandakan, who had spent her life saving others, died at the hands of her own husband.
The prosecution called 23 witnesses during the trial, while the defence called two, including the accused and a forensic consultant.
