PUTRAJAYA: The Court of Appeal has upheld a 30-year prison sentence and 12 strokes of the cane on a former car workshop employee for murdering a senior citizen at a homestay five years ago.
A three-judge panel led by Justice Datuk Azman Abdullah, in a unanimous decision on Thursday (April 9), dismissed the appeal by Lu Kian Pin, 41, to set aside the conviction and sentence handed down by the Johor Baru High Court.
Also on the bench were Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid.
Delivering the judgment, Justice Radzi said the court found that Lu failed to show that the High Court had erred in convicting him.
"There is no reason for this court to interfere with the findings made by the High Court.
"We find that the appellant failed to prove there was provocation by the victim and failed to present any meritorious grounds to justify this court setting aside the conviction under Section 302 of the Penal Code.
"The appellant also stabbed the victim in the chest and abdomen, causing death. Intention to kill is not an element that must be proven by the prosecution, but it is sufficient for the prosecution to establish the appellant’s intention to cause injury and that such injury could result in death.
"Therefore, we agree with the prosecution that the appellant’s appeal lacks merit. The appeal is dismissed and the conviction and sentence imposed by the High Court are upheld," Justice Radzi said.
Lu had appealed against the High Court’s decision in February 2024, which sentenced him to 30 years’ jail from the date of arrest and incident on March 7, 2021, and 12 strokes of the cane after he was found guilty of murdering Foo Ji Khwe, 78, at a homestay on Jalan Pinang, Taman Kota Kulai, Johor, at 3.30pm on the day in question.
Earlier, deputy public prosecutor P. Sarulatha submitted that the 12th prosecution witness (PW12), who was also a tenant at the same homestay, encountered Lu and the deceased as they were walking up the stairs to the first floor and exchanged greetings.
"PW12 testified that Lu told her, ‘everyone wants to cheat’, and the deceased asked PW12 to keep some distance from him as he was intoxicated before both men proceeded upstairs (to the homestay).
"PW12 heard sounds resembling a struggle and then heard screams. The woman (PW12) went upstairs and while midway on the staircase, she saw the accused coming down holding a knife stained with blood,” she said.
DPP Sarulatha said a post-mortem examination revealed 16 injuries, including seven stab wounds, three of which were severe and led to the victim’s death.
"PW4 (a doctor) concluded that the cause of death was multiple stab wounds to the chest and abdomen,” she said. – Bernama
