PETALING JAYA: A businessman has been sentenced to six months' jail by the Magistrate's Court here for assaulting his former girlfriend.
Magistrate Amira Sariaty Zainal imposed the sentence on Hoh Peng Onn, 47, after the defence failed to raise reasonable doubt at the end of the defence case on Tuesday (Oct 13).
"The court orders that the prison sentence take effect from the date of conviction today. The accused must also pay RM5,000 in compensation to the victim, taking into account the trauma, injuries and emotional distress she suffered," Amira Sariaty said.
The court also ordered that Hoh serve an additional two months in jail if he fails to pay the compensation on Tuesday.
However, the court allowed an application by defence counsel Cheow Wee to stay the prison sentence pending an appeal to the High Court, but ordered that the compensation be paid on Tuesday.
Hoh was charged with intentionally causing hurt to Liaw Ju Shuang, 28, at a residence in Putra Permai Town Centre, Seri Kembangan, at 12.30am on Oct 5, 2024.
The charge was brought under Section 323 of the Penal Code, which carries a maximum jail term of one year, a fine of up to RM2,000, or both.
In her judgment, Amira Sariaty said that although the neighbour, the third prosecution witness, did not witness the assault but saw the victim with a bleeding head and bruises around her eyes and other parts of her body when she sought help.
"The witness also contacted the police, who took the victim to hospital for treatment. There was no reason for the victim to fabricate a story to frame the accused.
"In view of this, the court finds that the defence failed to raise reasonable doubt against the prosecution's case and was merely a denial unsupported by strong evidence and testimony," Amira Sariaty said.
During mitigation, the defence sought a fine, citing the accused's eyesight problems, which it said would make imprisonment difficult for him.
However, Deputy Public Prosecutor Syed Ahmed Khabir Abdul Rahman sought a jail term and a fine, arguing that the public interest outweighed that of the accused, given the extent of the victim's injuries and requested that compensation be awarded to her. – Bernama
