KUCHING, Nov 11 — The Magistrate’s Court here yesterday has sentenced two men to four years in jail each for committing culpable homicide not amounting to murder of a 51-year-old man in a hotel in Batu Kawa.
Magistrate Zubaidah Sharkawi meted out the sentence against Ashley Austin Chin, 25, and Albert Chin Quan Yan, 22, after they each pleaded guilty to a charge framed under Section 304(b) of the Penal Code read together with Section 34 of the same Code.
The indictment carries a jail term for up to 10 years or a fine, or both, upon conviction.
Zubaidah also ordered their jail sentence to take effect from yesterday (November 10).
The duo along with four youth offenders and two child offenders, and another two individuals who are still at large, with a common intention, committed the offence at the staircase of the hotel between 12.30am and 1am on October 30, 2023.
Based on the facts of the case, the employer of the victim (complainant) found that the latter had been assaulted by a group of men.
The victim was later sent to the Batu Kawa Clinic before being transferred to the Sarawak General Hospital (SGH) and placed in the intensive care unit (ICU).
However, upon arrival at the ICU, the victim fell into a coma and was entirely dependent on oxygen respiratory assistance for survival.
His condition persisted until he was confirmed to have passed away on November 1, 2023.
Police reports were made, leading to the gradual arrest of all the suspects between October 31 and November 2, 2023.
Investigations found that on the day of the incident, Ashley called his friends who were drinking at a nearby pub to go to the hotel with the intention of looking for his wife in the hotel before encountering the victim.
Subsequently, a misunderstanding occurred between them, and the situation spiralled out of control, leading Ashley and his friends to collectively assault the victim.
The forensic examination also revealed that the victim passed away after suffering from head injuries due to blunt force trauma.
The doctors also confirmed that the injuries occurred when the victim was struck with a hard, blunt object such as a piece of wood, stone and the like.
Meanwhile, in the same proceedings, four youth offenders and two child offenders aged between 15 and 18, who were involved in the incident, also pleaded guilty upon being charged under Section 304(b) of the Penal Code read together with Section 34 of the Penal Code.
Zubaidah set the case for further mention on December 7, 2023, to hear the social and probation reports involving all the teens.
While awaiting the date, all the teenagers were granted bail of RM5,000 each, with their respective parents as sureties.
The case was prosecuted by Insp Nur Shafiqa Nyaie Ilin while all of the offenders were unrepresented by legal counsel. — Borneo Post Online
