Estate worker gets 30 years, 12 lashes
Published on: Wednesday, March 20, 2024
By: Jo Ann Mool
The charge was framed under Section 302 of the Penal Code and following an amendment to Section 302, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence.
Kota Kinabalu: A 48-year-old estate worker escaped the gallows after the Court of Appeal commuted his death sentence to 30 years jail and 12 lashes of the cane for murdering his brother-in-law six years ago.
A three-member bench comprising Justices Datuk Supang Lian, Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong made the unanimous decision and commuted Kanisius Tefa’s death sentence after hearing his appeal.
ADVERTISEMENT
Kanisius was ordered to serve the sentence from the date of his arrest.
On July 30, 2021, he was sentenced to death by the Sandakan High Court after he was found guilty of murdering Yasin Yaakob, 60, on Jan 1, 2018, between 5am and 8am, at a house in Menanggol plantation, Kinabatangan.
The charge was framed under Section 302 of the Penal Code and following an amendment to Section 302, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence.
Male offenders shall also be punished with whipping of not less than 12 strokes.
ADVERTISEMENT
Kanisius, who was represented by counsel Farazwin Haxdy, was appealing against his conviction and sentence.
Supang, who led the bench, said there was no appealable error regarding the High Court’s decision to convict the appellant under Section 302 of the Penal Code.
ADVERTISEMENT
The trial judge was right in deciding that the defence of intoxication was not proven on balance of probability, she said in dismissing the appeal against conviction and affirming the High Court’s decision to convict Kanisius.
On the appeal against the sentence, the court has in mind the mitigating factors, namely that the crime was not premeditated, the appellant was a first offender and that it was a family tragedy and the appellant murdered his brother-in-law in the presence of the deceased’s wife and daughter.
“Given the circumstances of the case, we therefore exercise our discretion to commute the death sentence to one of imprisonment of 30 years with effect from the date of arrest and whipping of 12 strokes, said Supang.
Deputy Public Prosecutor Sarulatha Paramavathar, who appeared for the prosecution as respondent, applied to maintain the death sentence based on the injuries inflicted on the deceased’s head and skull.
The prosecution, however, proposed an imprisonment of not less than 35 years should the court intend to exercise its discretion.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
