Teen jailed six years for causing teacher’s death

KOTA KINABALU: A teenager was sentenced to six years in jail by the High Court here yesterday for causing the death of his teacher two years ago.

Justice Datuk Nurchaya Hj Arshad sentenced the 17-yearold after finding him guilty of a charge of culpable homicide not amounting to the murder of one Masinah Samadi, 50, at a quarters in Kundasang, Ranau on October 3, 2014.

The charge under Section 304 (a) of the Penal Code carries a jail term of up to 30 years and also liable to a fine.

In delivering her verdict, Nurchaya held that the accused must be jailed and not just sent to a reform school.

She said the case involved the loss of a woman’s life, which caused a family to lose a wife and a mother and that a lenient sentence would not make the accused feel the burden of the offence he had committed.

“Drugs are eating you up, causing the loss of a person’s life. If I give you a lenient sentence, you will not feel it. The deceased’s children are still young with the eldest aged 13 and youngest five.

They have lost their mother’s love forever while you still can meet your parents after you are out of the prison,” she said.

He had committed culpable homicide not amounting to the murder of one Masinah Samadi, 50, at a quarters in Kundasang, Ranau on October 3, 2014.

Based on the social report tendered by an officer from the Welfare Department, the accused was 17 years old when he committed the offence and was said to have a good relationship with his family.

The accused had a history of having counselling sessions with National Anti-doping Agency (AADK) over drugs offence.

He also requested to be given a second chance and promised not to repeat a similar offence especially involving drugs and alcohol when met with the welfare officer on November 22. Thus, the welfare officer suggested that the accused be sent to the reform school at the court’s descretion.

In mitigation, counsel Luke Ressa Balang asked the court to send the accused to a reform school on the grounds that the accused is a youthful offender and to give the accused a chance to turn to a new leaf.

He said that the accused, who is a first time offender, pleaded guilty to the charge and was under the influence of drugs when he committed the offence.

Luke also told the court that his client was currently serving his sentence at the reform school after the Magistrate’s Court in Keningau sentenced him to three years of at a reform school over drugs offence on February 11, 2015.

The accused told the court that he was remorseful since his one year and nine months stay at the reform school and prayed for his sentences to be served concurrently. He also promised not to repeat a similar offence.

In reply, deputy public prosecutor Gan Peng Kun urged the court to impose imprisonment sentence against the accused as he had changed the life of the family since the loss of the deceased.

He said that the under Section 96 of the Child Act 2001, the court had the power to impose a jail sentence if and suggested for the accused to be sent to prison until he attained 25 years old.

Gan also said that if the accused would be sent to the reform school, he would only serve two years there as the accused is currently 19 years old.

The court also ordered the accused to serve his jail sentence concurrently with his current sentence.