SIBU: A senior citizen has been sentenced to four years’ jail for culpable homicide not amounting to murder and causing injury to another person with a firearm.
High Court judge Justice Wong Siong Tung found Tan Kee Tang, 68, guilty of both offences on Friday ( March 13).
In determining the appropriate sentence, the judge said the court had considered both aggravating and mitigating factors.
The most serious aggravating factor was that the incident resulted in the loss of human life, he said.
At the same time, the court took into account that the incident occurred in circumstances where the accused believed his property was being stolen, that it happened in darkness, and that the act was not premeditated.
Justice Wong said that after taking the various circumstances into consideration, the court sentenced Tan to four years' jail for culpable homicide not amounting to murder in the death of Wong Soon Guan, 37.
The charge was brought under Section 304(b) of the Penal Code.
For the offence of causing injury to Wong Soon Wuong, 27, under Section 37 of the Arms Act 1960, Tan was sentenced to one year’s jail.
Justice Wong ordered both sentences to run concurrently from the date of Tan's arrest on April 5, 2023.
The offences occurred at around 1am on the night in question at Jalan Ulu Sieu Bakong, Meradong, where the accused, a licensed firearm holder, discharged the gun that killed Soon Guan and injured Soon Wuong.
Defence counsel Rosli Gapur requested a lighter sentence, stating that the accused was a first-time offender who had been attempting to defend his property from thieves, who were the alleged victims in this case.
He added that the accused deeply regretted his actions and promised that such an incident would never occur again.
Deputy public prosecutor Mark Kenneth Netto urged the Court to impose a deterrent sentence to ensure justice and maintain public confidence in the law.
He argued that a strong punishment was necessary both as a general deterrent, to discourage firearm owners from misusing their weapons, and as a specific deterrent, to prevent the accused from repeating similar conduct.
He also emphasised that the sentence must reinforce the principle that the defence of property does not justify the use of lethal force.
