KUCHING: The Federal Court has upheld a 35-year jail sentence and 15 strokes of the cane against two friends for the murder of a 58-year-old woman during a robbery at a house in Pulau Kerto, Sibu, eight years ago.
A three-member bench chaired by Datuk Rhozariah Bujang, alongside Datuk Che Mohd Ruzima Ghazali and Datuk Mohd Nazlan Mohd Ghazali, dismissed the final appeal by Jeeji Ting Jim Leong, 35, and Syahadan Othman Sabang, 32.
The appellants had sought a reduction in their sentence, arguing for a shorter jail term.
However, the court ruled that there was no appealable error in the Court of Appeal’s decision and found the sentence to be proportionate to the facts of the case.
The bench said the ruling also took into account forensic evidence, which confirmed that the victim died from traumatic asphyxia and suffocation.
Jeeji and Syahadan were initially sentenced to death by the High Court on July 31, 2023 after being found guilty under Section 302 of the Penal Code.
The provision carries the death penalty or imprisonment of between 30 and 40 years, along with no fewer than 12 strokes of the cane, upon conviction.
According to the charge, the two acted with common intention to murder Ting Poh Sing, 58, at a house in Pulau Kerto, Sibu, between 1 am and 7.10 pm on June 27, 2018.
The Court of Appeal later commuted the sentence on Oct 21, 2024 to 35 years’ imprisonment, backdated to July 1, 2018, and 15 strokes of the cane.
During proceedings, court-appointed counsel for the appellants urged the Federal Court to reduce the jail term to the statutory minimum of 30 years.
Deputy Public Prosecutor Mohd Zain Ibrahim, however, argued that the sentence should be maintained as it was lawful and commensurate with the severity of the offence.
Facts of the case showed that the accused had robbed the victim before assaulting her by tying her up and covering her face, causing injuries to her face and mouth.
Syahadan was identified as the main assailant who suffocated the victim, while Jeeji restrained her, establishing their common intention in committing the murder.
They fled the scene after stealing a pair of gold earrings and a Nokia mobile phone, which were later hidden in nearby bushes.
At about 7 pm the same day, the victim was found by two relatives lying lifeless on the floor of a room, with her hands and legs bound and visible injuries on her face and mouth.
A post-mortem confirmed the cause of death as traumatic asphyxia and suffocation, while forensic analysis found Syahadan’s DNA under the victim’s fingernails.
