SIBU: A 53-year-old former contractor worker has been sentenced to five years in prison and fined RM5,000 after admitting to deliberately setting fire to a building, an offence the court warned could not be treated lightly because of the danger posed to the public.
Bayang Tunsan from Roban was sentenced by Sessions Court Judge Musyiri Peet on Tuesday (Aug 18) after pleading guilty to a charge under Section 436 of the Penal Code for committing mischief by fire with the knowledge that the act was likely to cause damage to property.
The court ordered the five-year prison term to take effect from the date of conviction, with an additional RM5,000 fine. In default of payment, Bayang will serve another five months in prison.
The charge related to a fire at a building at No. 45, Jalan Huo Ping, which occurred on July 16 at about 10.30pm, which investigators said had been deliberately started.
According to the prosecution’s case, a fire incident was reported at the premises at the material time, prompting a fire investigation by the relevant authorities. CCTV footage was subsequently reviewed and allegedly showed a male individual entering the building before the fire occurred.
The investigation indicated that the fire had been intentionally started by the individual.
Police, acting on information, later arrested Bayang on Aug 13.
The court was told that items seized during the investigation included a white shirt, a pair of black-and-white pants and a lighter, which were tendered as exhibits.
During mitigation, Bayang pleaded for a lenient sentence, telling the court that he had previously worked as contractor worker.
However, the prosecution, represented by deputy public prosecutor Cynthia Emmelda Jerry, urged the court to impose a deterrent sentence, highlighting the seriousness of deliberately setting fire to a building, the potential danger to the public and the damage caused to the property.
In determining the sentence, the court considered the circumstances surrounding the offence, the nature of the property involved, the extent of damage, Bayang’s degree of culpability and his personal circumstances, together with the mitigating and aggravating factors presented.
The court stressed that an offence involving the intentional use of fire could not be viewed lightly, given its potentially grave consequences and the element of public danger.
It also noted that the sentence must serve the purposes of punishment and deterrence, while protecting the public from similar conduct.
After weighing the facts of the case, the guilty plea, mitigation and public interest, the court concluded that a custodial sentence was warranted.
The court subsequently imposed the five-year imprisonment term and RM5,000 fine.
