SEREMBAN: A barber who caused grievous hurt to his sister's lover with a machete was sentenced to three years in jail by the Sessions Court here.
In sentencing S. Kokulan, Judge Meor Sulaiman Ahmad Tarmizi said the prosecution had successfully proven its case against the accused beyond a reasonable doubt.
"After hearing the submissions from both sides, the aggravating factors by the prosecution and mitigation by the defence, you are hereby sentenced to serve three years in jail from today," he said on Thursday (Nov 13).
Kokulan was charged with committing the offence against the victim, who was then 35, in front of his outlet around 10.58pm on Dec 17, 2021.
The accused was charged under Section 326 of the Penal Code for causing grievous hurt with a dangerous weapon, which carries a jail term of up to 20 years and a fine or whipping upon conviction.
In mitigation, lawyer BG Jayaprakash pleaded for a lenient sentence as this was his client's first offence.
He said Kokulan earned only RM2,000 a month and had to provide for his wife and two young children.
Jayaprakash asked the court to put the accused on a good behaviour bond as he was not the one who had started the fight, which caused a permanent injury to the victim's arm.
"The victim was the one who went to the accused's outlet and started a fight.
"The accused was merely acting in self-defence," he said.
Jayaprakash claimed that if the victim had religiously undergone treatment and physiotherapy, his injury would not have been permanent.
He said the accused was neither a seasoned criminal nor a threat to society.
Deputy Public Prosecutor Siti Khairiah Abdul Razak stated that the accused had committed a serious offence and that the court should impose a sentence as a deterrent.
"This case has taken a lot of judicial time as it went through a full trial, and it has been proven beyond a reasonable doubt that the accused had committed the offence.
"A good behaviour bond is not an option and the court needs to impose a custodial sentence to reflect the seriousness of the crime," she said.
Jayaprakash then asked the court for a stay of execution, but Siti Khairiah objected.
Judge Meor Sulaiman allowed a stay but ordered that the accused's bail be increased from RM7,000 to RM15,000.
