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15 years for causing death of man over handphone
Published on: Saturday, March 17, 2018

Kota Kinabalu: A 36-year-old man was sentenced to 15 years' jail for causing the death of another man.

Sessions Court Judge Azreena Aziz handed the sentence to Caulus Ampahas who pleaded guilty, Friday.

Caulus had committed culpable homicide not amounting to murder of Melay Mutang between 11pm on Nov 5, 2017 and 12.40am on Nov 6, 2017 at a kongsi house in Sipitang.

The offence under Section 304 (a) of the Penal Code carries a jail term of up to 30 years, and liability to a fine, on conviction.

During mitigation, Caulus who was not represented, asked for a light sentence saying that his parents are already old and came from poor family.

He told the court that he did not have intention to commit the offence against Melay as he (Caulus) was under the influence of alcohol during the incident.

However, Deputy Public Prosecutor Husna Abdul Halim urged the court to impose a deterrent sentence on the grounds that being drunk during the incident was not a mitigation factor.

She added that Caulus had committed a serious offence as one life had gone because of his act.

The facts of the case stated that on that day Caulus returned home after a drinking session.

He was then woke up and found that his handphone was missing and he asked Melay about his handphone but Melay said he did not know about it.

A fight between them occurred where Melay took a knife and tried to stab Caulus but failed as the knife fell on the floor in which Caulus took it and accidentally stabbed Melay.

After the incident, Caulus woke up his friends and asked them to send Melay to the hospital but Melay was later pronounced died.

The court heard that the post-mortem report stated that Melay was stabbed in his abdomen, causing the death.

Caulus was ordered to serve the jail sentence from the date of his arrested. - Cynthia D Baga

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