Bernama
Mac 25, 2022 17:44 MYT
Judge Datuk Abd Halim Aman handed down the sentence on Mohamad Shah Izwan Mohamad Zaki, 27, after amending the murder charge to culpable homicide not amounting to murder. - BERNAMA
SHAH ALAM: A trader who was initially charged with murdering his mother's boyfriend was sentenced to 13 years in jail by the High Court here today after being found guilty of causing the death of the Pakistani man.
Judge Datuk Abd Halim Aman handed down the sentence on Mohamad Shah Izwan Mohamad Zaki, 27, after amending the murder charge to culpable homicide not amounting to murder.
The court ordered Mohamad Shah Izwan to serve the sentence from the date of arrest on March 28, 2019.
Judge Abd Halim in his summary judgment said based on the testimonies, there was no prior plan on the part of the accused to commit a fight, let alone a murder.
"The cause of the fight that led to the death of the deceased started from the act of provocation that happened before that. The incident actually occurred due to the actions of the deceased himself who did not respect the local tradition and culture of the community here," he said.
Judge Abd Halim said the actions of the accused clearly showed that he had no 'mens rea' (intention) to kill the deceased.
"Among them, the accused contacted the police to inform about the incident and he was also waiting at his mother's house for the police to arrive," he said.
According to the charge, the accused was charged with murdering a Pakistani man, Muhammad Kashid, at his home on March 28, 2019 between 4 am and 5.15 am.
A total of 20 prosecution witnesses and one defence witness, the accused himself, testified during the trial that ran from Dec 7, 2020 and Feb 15, 2022.
DPP Datin Zuraini Abdul Razak prosecuted while counsel Shah Rizal Abdul Manan represented the accused.
-- BERNAMA
