SIBU: A man was sentenced to four years’ imprisonment by the High Court here today after he was convicted of committing culpable homicide not amounting to murder.
Justice Wong Siong Tung handed down the sentence to Tang Kee Tang, 67, for the offence.
The offence was committed at the roadside of Ulu Seiu Bakong, Meradong, on April 5, 2023 at 1 am, for causing the death of Wong Soon Guang, 37, by discharging a shotgun.
The offence carries an imprisonment of up to 10 years or fine or both, listed under Section 304(b) of the Penal Code.
The accused was also sentenced to a one-year imprisonment for discharging a shotgun and causing injuries to another person, Wong Soon Wuong, 27, at the same place and time.
However, Justice Wong ordered the sentences to run concurrently from the date of his arrest on April 5, 2023.
In passing the sentence, Justice Wong considered both the aggravating and mitigating factors.
Pointing out that the most serious aggravating factor was that the incident resulted in the loss of human life, he said the use of a firearm also significantly increases the seriousness of the offence.
“At the same time, the Court has taken into account that the incident occurred in circumstances where the accused believed that his property was being stolen, the events took place in darkness, and the act was not premeditated,” he stated.
Earlier on, Deputy Public Prosecutor (DPP) Mark Kenneth Netto submitted that the evidence demonstrated that three shotgun blasts were discharged by the accused which was a persistent and deliberate attack, and proved as an escalation of violence.
This, he stressed, was not an accidental discharge or one by mistake as the accused emptied his shotgun by firing three shots towards the victims.
He pointed out that each discharge significantly increased the probability of death or serious injury, and such repeated firing of a lethal weapon reflected deliberateness of the highest order.
He said the evidence indicates that the victims were not attacking the accused, and there is also no evidence that the victims were armed with firearms or they posed any imminent threat to the accused’s life or personal safety.
“More significantly, the victims were fleeing when the shots were fired. The use of a shotgun against persons who posed no imminent threat and were attempting to escape constitutes a grossly disproportionate use of force.
“Instead of replying on lawful avenues, the accused took the law into his own hands rather than reporting suspected theft to the police, securing the premises or implementing lawful preventive measures, the accused chose to engage in armed vigilantism.
“Such conduct undermines the rule of law and risks encouraging private individuals in Sarawak to resort to violent self-help measures,” he said.
Thus, Mark argued that a severe custodial sentence is necessary to reflect the gravity of the offences, acknowledge the loss of human life, and send a clear and strong deterrent message against the misuse of firearms and the taking of law into one’s own hands.
