GEORGE TOWN: A senior citizen was sentenced by the High Court to 13 years in jail for culpable homicide of a former chef four years ago.
Judge Datuk Quay Chew Soon handed down the sentence during today's proceedings after Ong Lai Seng, 69, pleaded guilty to the alternative charge.
The former security guard was initially charged with the murder of Chuah Kok Seong, then 42, at the guard house of Block 8 of the Desa May apartments in Persiaran Paya Terubong here at about 8.50pm on Dec 5, 2020.
He was charged under Section 302 of the Penal Code for murder.
He subsequently pleaded guilty under Section 304(a) of the Penal Code after the court amended the charge to culpable homicide not amounting to murder.
In his judgment, Quay said he had taken into account the submission by the prosecution, particularly the case being one of public interest and for a deterrent sentence.
"Public interest has to be balanced with the facts in this case and other circumstances surrounding the incident.
"In this case, the accused is now 69-years-old and was 65-years-old when he committed the offence.
"It is also clear that what happened between the accused and deceased was a sudden fight and not pre-mediated. The knife (used in the incident) was already there.
"As such, taking into account all of this, the court sentences the accused to 13 years in jail from the date of his arrest," he said.
Quay said due to the accused's advanced age, he was also spared whipping.
Deputy Public Prosecutors Putri Nor Nadia Mohamed Iqbal and Lee Jun Keong prosecuted while Ong was represented by counsel Helmi Hassan.
Earlier, in mitigation, Helmi said his client regretted his actions and was remorseful.
He said this was his client's first offence in his 65 years of life.
"He truly regretted what happened and promised not to repeat the same mistake in future.
"My client also apologises to the family of the deceased and hopes to be given a chance to correct himself in facing his remaining years," he added.
Helmi said his client was a bachelor and was staying with his brother in the same apartment when the incident occurred. There, he worked as the apartment's security guard, which earned him RM1,200 monthly.
He said his client also pleaded guilty to the alternative charge from the onset, saving the court's time and costs.
Helmi said his client was also harassed and threatened by the deceased on numerous occasions after he refused to allow the deceased to park his car inside the apartment block as he did not have an access card.
The deceased had two cars, one of which was parked inside the apartment block.
On the day of the incident, the deceased had confronted the accused, who was seated inside the guard house.
The deceased had also hurled accusations against the accused before pushing him off the chair he was sitting, which led to the fight and his ultimate death.
The post-mortem examination report revealed there was alcohol content in his blood.
Meanwhile, Lee said the deceased's verbal attack against the accused did not warrant for him to be killed.
"One life was lost and we hope that there will be justice for his family members," he said.