Malaysian court sentences Bangladeshi to 13 years in jail for 'culpable homicide' of housemate
On June 29, 2020, the High Court sentenced Mohammad Jobi to death after finding him guilty of killing Minto, a fellow Bangladeshi
Mohammad Jobi Ullah, a Bangladeshi national, 44, escaped a death sentence and was instead sentenced to 13 years in jail by the Federal Court after appealing his charge from murder to culpable homicide of his friend and housemate Minto.
He will instead serve his 13 year sentence from 28 March, 2018, the date he was arrested, reports MalayMail.
The panel comprising Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Datuk Mary Lim Thiam Suan and Datuk Abu Bakar Jais were the ones to make the decision.
In delivering the court's decision, Justice Abang Iskandar set aside the death sentence which was imposed on Mohammad Jobi for the murder and substituted it with 13 years imprisonment.
Earlier, court-assigned counsel K. Simon Murali informed the court that the prosecution accepted his client's representation for the murder charge to be amended to a charge of culpable homicide not amounting to murder and this was confirmed by deputy public prosecutor Mohd Fairuz Johari.
On 29 June, 2020, the High Court sentenced Mohammad Jobi to death after finding him guilty of killing Minto, who is also his fellow countryman at a house in Jalan Megat Harun, Taman Jasa, Bukit Mertajam, Penang, at 11.15am on 25 September, 2018.
According to the facts of the case, a verbal and physical altercation between Mohammad Jobi and the deceased ensued in the kitchen of the living quarters due to the pots belonging to the deceased obstructing the kitchen cabinet.
Mohammad Jobi, a labourer, had struck the deceased's head with a curry pot and a rice cooker in the kitchen and also punched him. The deceased, who was unconscious, was then taken to hospital. The deceased suffered internal head injuries and succumbed to his injuries and died on 28 March, 2018.
In seeking a lower jail sentence, Murali said his client was remorseful for what he did and that he (Mohammad Jobi) had visited the deceased at the hospital to seek forgiveness.
He asked the court to impose a jail sentence of eight years saying that his client's act was not premeditated but it was done in the heat of the moment.
Mohd Fairuz, however, said the proper imprisonment sentence should be between 15 years to 20 years.