MELAKA, Oct 9 — The High Court has sentenced a man to 13 years in prison after finding him guilty of causing the death of an elderly man during a robbery in April 2023.
Judge Datuk D. Suria Kumar sentenced Muhammad Faris Amjad Jamalludin, 27, after considering the facts of the case and the mitigating factors presented by the defence.
He also reprimanded the accused for leaving Tan Kue Seng, 71, in a dying condition in a roadside drain along Jalan Gapam in Melaka Tengah on April 9, 2023, without seeking emergency assistance.
“Your actions were inhumane. I hope you repent and find honest work to support your family. The court views seriously offences involving snatch theft and robbery that result in injury or death to victims,” Judge Suria said when handing down the sentence.
He also questioned the accused’s failure to call an ambulance for the victim.
“Imagine you were riding a motorcycle and were suddenly kicked. How would you feel? You would already be helpless, in the rain, at night, and in the cold. The second accused probably had a phone too, but did not call for an ambulance,” Judge Suria said.
He noted that the accused had kicked the victim’s motorcycle forcefully with his left foot, seemingly using that limb as a weapon to injure the victim before his death.
Meanwhile, Faris's friend Noorbaizura Mohd Fuad, 37, the first accused in the case, was acquitted and discharged of the same charge.
According to the facts of the case, both accused, acting with common intention, kicked the victim’s motorcycle after seeing the elderly man riding alone.
The act caused the victim’s motorcycle to veer off the road shoulder before plunging into a concrete drain.
Faris then took the victim’s waist bag and left him dying before using the victim’s bank card to make purchases.
The victim’s body was found by his son on April 11, 2023, swollen and emitting a foul smell, in the same drain.
Faris was charged under Section 304(a) of the Penal Code, read together with Section 34 of the same Code, which provides for a jail term of up to 30 years and a fine.
Deputy Public Prosecutor Muhammad Azfar Mahmod appeared for the prosecution, while Tiu Leong Kim represented Faris and Mak Kah Keong represented Noorbaizura.
The court ordered Faris prison sentence to take effect from the date of his arrest, June 11, 2023.
