PUTRAJAYA: The Court of Appeal on Wednesday (Oct 8) commuted the prison sentence of a former p-hailing driver from 16 to 13 years for causing the death of his wife two years ago.
A three-member bench, chaired by Justice Datuk Mohamed Zaini Mazlan, allowed the appeal by Ong Boon Pin, whose Muslim name is Anaki Naufal Ong, to reduce the sentence imposed by the High Court.
The panel, which included Justices Datuk Ahmad Fairuz Zainol Abidin and Datuk Meor Hashimi Abdul Hamid, ordered that Ong's sentence be backdated to his date of arrest on June 18, 2023.
In delivering the court's judgment, Justice Mohamed Zaini held that the High Court had erred in its sentencing approach by failing to give due consideration to several mitigating factors.
These included the appellant's timely plea of guilt to an alternative charge of culpable homicide not amounting to murder, which had saved considerable judicial time and resources.
The judge further observed that the offence was not premeditated, and that the appellant's conduct both immediately after the incident and throughout the High Court proceedings demonstrated genuine remorse for his actions.
He ruled that the sentence imposed by the High Court was improper and manifestly excessive, thereby warranting appellate intervention.
"The 16-year imprisonment sentence passed by the High Court is therefore substituted with 13 years imprisonment to run from the date of arrest," he said.
On March 3 this year, the Klang High Court had sentenced Ong, 40, to 16 years' imprisonment after he pleaded guilty to the alternative charge of culpable homicide not amounting to murder under Section 304(a) of the Penal Code.
He was accused of causing the death of his 28-year-old wife, Nur Farah Syahirah Misran, at their residence in Taman Sentosa, Klang, Selangor, between 6.45pm on June 15, 2023, and 10.45pm on June 18, 2023.
Ong had initially faced a murder charge under Section 302 of the Penal Code, which was subsequently replaced by the alternative charge under Section 304(a) by the prosecution.
According to the facts of the case, the offence occurred following an argument when Ong's wife reprimanded him for borrowing money from loan sharks.
During the altercation, she allegedly expressed regret over their marriage and stated her intention to be with another man, after which Ong proceeded to strangle her.
Following the incident, Ong reportedly remained next to his wife's body for three days before attempting suicide. He subsequently surrendered to the police. - Bernama
