Man gets four years’ jail for culpable homicide

Fadley Faisal

The High Court yesterday sentenced a local man to four years’ jail for killing his brother-in-law, after describing that the offence came out of a “tragic incident”.

Roslani anak Jarum, 34, pleaded guilty to a charge of committing culpable homicide not amounting to murder of his brother-in-law, a traffic policeman, in the early hours of April 27, 2018 after a fight.

Chief Justice Dato Seri Paduka Steven Chong, on handing sentence, considered the defendant’s clear record and that “there is no suggestion the defendant is of violent disposition and poses a risk to public safety”.

“The facts demonstrate the deceased was the aggressor and there was a degree of provocation on his part leading to the fatal stabbing by the defendant. It was a single stab inflicted in the midst of a melee and to the defendant’s credit he assisted in carrying the deceased to the car intending to bring him to the hospital after the fight,” the court further considered.

It was revealed by the court from the prosecution’s facts of the case that it ensued in the early hours of April 27, 2018 when the victim, who was married to the defendant’s sister, got angry with the defendant for not parking his car ‘properly’ in front of the family home at RPN Kampong Pandan ‘B’, Kuala Belait belonging to the defendant’s parents.

The defendant moved his car but the victim continued to berate him.

The defendant’s mother intervened and tried to ‘coax’ the victim to go into the house but he pushed her and she fell.

The defendant then scolded the victim for mistreating his mother and a heated argument ensued. The victim ran towards the defendant who took out a knife he was carrying, which he used earlier to repair a television, and held it in his right hand.

The victim then stepped onto a chair and jumped off while swinging his right hand at the defendant, who raised his hands causing the knife to plunge into the victim’s chest.

Wounded, the victim attempted to chase the defendant but collapsed on the ground. The defendant told his sister, who was the victim’s wife, to get the car key, and with his sister and mother, carried the victim to the car. The victim’s wife drove to the hospital.

Upon suggestion by his mother, the defendant stayed at a friend’s house for the night and in the morning went to his aunt’s house where he was arrested by the police later in the day. The victim died shortly after his arrival at the hospital.

DPPs Shamshuddin bin Haji Kamaluddin and Raihan Nabilah binti Ahmad Ghazali appeared on behalf of the Public Prosecutor in the case, while defence counsel Pengiran Khairul Nizam bin Pengiran Haji Mohd Yassin represented the defendant.