Man gets 12 years for killing brother - Malaysia Crime Infonet

White Eastern

Friday, January 29, 2016

Man gets 12 years for killing brother

KOTA KINABALU --- A 31-year-old man will spend 12 years behind bars for causing the death of his older brother in a drunken brawl two years ago.

Eibobronny Makking, who was brought before High Court judge Justice Datuk Nurchaya Hj Arshad, received the jail sentence after he pleaded guilty to culpable homicide not amounting to the murder of 32-year-old Lojimin Makking.

In imposing the sentence, the court held that this is, without a doubt, an unfortunate tragedy which resulted in the death of a brother and son who is lost forever.

However, the court further delivered that intoxication is never a defence to exclude one from liability.

Earlier, Eibobronny’s counsel George Aludah mitigated on the fact that his client had been drinking since noon on the day of the incident, together with his brother (the deceased) and some of their friends.

Clearly, the consumption of alcohol fuelled the accused’s irrational behaviour, resulting in fatality which was unintentional, said George.

He also emphasised that the relationship between his client and the deceased was very good and there was no history of fighting between them.

They were more than brothers, said George, adding that they were good friends.

In fact, both the accused and the deceased provided for their family with an income earned from cultivating their parents’ rubber plantation together, which was divided equally between them, George said.

Furthermore, because his client had been drinking quite excessively, George told the court that the latter had no recollection of the events that transpired on that fateful night, nor recalled any argument that could have led to the tragedy.

In reply, deputy public prosecutor Aida Fatimah Datuk Abd Jabar urged the court to impose a deterrent punishment or even the maximum sentence allowed by the law.

There is no difference between the accused in this case and other offenders for the former to be given any exception under the law, she said.

Aida Fatimah stressed that it is wrong to take someone’s life, and as a brother, the accused should have never harmed his own blood in any way and risked his brother’s life for whatever reason.

Nothing can change or mend the loss suffered by his parents, Aida Fatimah added.

Moreover, the prosecution contended that paramount consideration remains in the interest of the public, for them to have the right to a peaceful life in a safe environment, especially amongst family members.

The incident, on August 1, 2014, had occurred in an unnumbered house in Kampung Tiong Kamburaon, Kota Belud, between 8pm and 8.30pm.

Under Section 304(a) of the Penal Code, the offence is punishable with imprisonment for a term which may extend to 30 years with a fine, on conviction.

According to the facts of the case, the accused and the deceased had been drinking with friends at the Kampung Kuburan hall in Tuaran after a gotong-royong session.

After the brothers got home, the accused went to the kitchen for a glass of water when the deceased entered and an argument broke out.

The accused then swung a machete at the deceased, subsequently inflicting an injury on his back and right forearm.

Upon seeing his brother covered in blood, the accused ran out of the house to seek help from family members and villagers to bring him to the hospital, but he had already bled to death.

Man gets 12 years for killing brother Reviewed by Unknown on Friday, January 29, 2016 Rating: 5 KOTA KINABALU --- A 31-year-old man will spend 12 years behind bars for causing the death of his older brother in a drunken brawl two yea...

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