MELAKA: Two friends escaped the death penalty at the Melaka High Court today after pleading guilty to an alternative charge of unintentionally killing a homeless man three years ago.
Judge Datuk Anselm Charles Fernandis sentenced Muhammad Aliff Daniel Ong Abdullah to five years in prison and Joel V Michael Louis, both aged 23, to four years and six months for causing the death of Mohd Eddie Hafiez Yusoh, 42, without intent.
The prison sentences are to commence from their respective arrest dates, March 19 and 20, 2022.
Anselm said the sentences were imposed after reviewing the case facts, prosecution and defence arguments, and a social report prepared by a welfare officer.
According to the charge, the two committed the offence in front of a shop lot along Jalan Persisir Bunga Raya in Melaka Tengah between 1 am and 3.45 am on March 15, 2022. They were initially charged under Section 302 of the Penal Code for murder, which carries the mandatory death sentence upon conviction.
However, under the alternative charge framed under Section 304(b) of the Penal Code, read together with Section 34 of the same law, both were accused of having a common intention to cause the victim’s death and were aware that their actions could be fatal.
If convicted, the offence carries a maximum prison sentence of 10 years, a fine, or both.
Deputy Public Prosecutor Mohd Asri Abd Rahman Sidik prosecuted the case, while the accused were represented by lawyers Paul Krisnaraja, Sheikh Ikhzan Sheikh Salleh, and Nuradzlyn Sharmine Azrin Sham.
Based on the facts of the case, both accused, who were 19 at the time, were intoxicated and looking for homeless individuals who sniffed glue to assault. They saw the victim, known as Bob, sleeping in front of a shop corridor on Jalan Persisir Bunga Raya.
The first accused, Muhammad Aliff Daniel, admitted knowing the victim as he had previously borrowed money from him. During the incident, both accused assaulted the victim, with the first accused using brass knuckles as a weapon, causing the victim to bleed and lose consciousness.
Both fled the scene before being arrested. The victim was treated at Melaka Hospital but succumbed to his injuries on March 18, 2022. A post-mortem report confirmed he died from a “head injury due to blunt force trauma.”
