BINTULU: The High Court here today enhanced the sentence on a ship officer to a month’s imprisonment and a fine for causing injury to a maritime cadet during a training voyage in 2022.
High Court Judge Amelati Parnell imposed the sentence on Abraham Tobing, 33, after allowing the prosecution’s appeal to increase the sentence handed down by the Magistrate’s Court.
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The prosecution appealed on the grounds that the sentence was manifestly inadequate and did not reflect the seriousness of the offences when viewed in totality.
Abraham had pleaded guilty to two charges for voluntarily causing hurt against M.P. Suhash, who was undergoing maritime cadet training under the company where the respondent (Abraham) was employed as a Second Officer.
Justice Amelati sentenced the respondent to one month’s imprisonment and a fine of RM2,000 for each charge, with the imprisonment terms ordered to run concurrently.
She also set aside the ruling made by the Magistrate’s Court in Bintulu on April 9, 2025, which sentenced Abraham to a fine of RM2,000 for each charge, with imprisonment in default of payment. The respondent paid both fines.
In delivering her brief grounds of judgment, Justice Amelati observed that the culture of bullying has become increasingly prevalent and stressed that the court does not condone bullying or physical abuse, particularly in superior-subordinate relationships.
“Serious misconduct must be met with proportionate and deterrent punishment to protect public confidence in the administration of justice,” said the judge.
According to the case facts, on Dec 5, 2022, the respondent punched the victim on the chest and shoulder.
The assaults continued between Dec 6 and Dec 15, 2022, during which the respondent slammed the victim onto a table and slapped the back of his neck while the vessel was at sea.
Investigations revealed that the assaults stemmed from the respondent’s dissatisfaction with the victim’s performance during training and were purportedly intended to discipline him. A medical officer later confirmed that the victim sustained injuries to his shoulder, chest and right hand.
The respondent was represented by counsel Hasnah Saini, while deputy public prosecutor Nur Asfa Jannah Mohamad Ariff Irwani acted for the prosecution.
