Security guard jailed 14 years for culpable homicide over slingshot incident

The Kuala Lumpur High Court amended the murder charge to culpable homicide not amounting to murder after finding that the accused had no intention to kill. (Pexels pic)

KUALA LUMPUR: A former security guard has been sentenced to 14 years in prison for causing the death of a homeless man during an altercation that erupted after the latter struck him in the face with a slingshot.

High Court judge Justice Noor Ruwena Nurdin handed down the sentence on 41-year-old M Mohan on April 7 after he pleaded guilty to an amended charge from Section 302 of the Penal Code for murder to Section 304(a), which deals with culpable homicide not amounting to murder.

In her grounds of judgment released earlier this month, the judge said she exercised her statutory power to reduce the charge after the prosecution failed to prove that Mohan had the specific intention to kill, required under Section 302 of the Penal Code.

However, she held that the offence was established under Section 304(a) of the same code.

The incident occurred on the afternoon of June 28 near a florist shop along Jalan Hang Lekir, where Mohan and the homeless man, believed to be a Myanmar national identified only as Lim, became involved in a quarrel after Mohan reprimanded him for allegedly disturbing a woman.

The altercation escalated after Lim struck Mohan in the mouth with a wooden slingshot, injuring his upper lip. In retaliation, Mohan kicked and stepped on the victim. CCTV footage also showed him striking Lim’s head with a canvas bag.

A bystander intervened in the situation, and both men later assisted Lim, who sat on a stool before walking away unsteadily. Mohan then filed a police report.

Shortly afterwards, a member of the public found the victim lying on the ground and called for an ambulance. The victim died the following day from head injuries caused by blunt force trauma, including a 12cm linear skull fracture.

No intention to kill established

Ruwena found that while the assault led to the victim’s death, the prosecution failed to prove that Mohan intended to kill him.

“I conclude that although the injuries were sufficient in the ordinary course of nature to cause death, the accused did not possess the necessary mens rea (intent) for murder.

“At best, I find that he knew death could be a likely result of his actions in hitting and kicking the deceased repeatedly at that time,” she said.

She said Mohan’s actions, as seen in CCTV footage, did not reflect a desire to “finish off” the victim, but rather to teach him a lesson.

She added that the attack was not premeditated, noting that Mohan did not use a lethal weapon but only what was at hand, namely a canvas bag weighing about 1.5kg containing a face mask, toothbrush, and toothpaste.

The judge also considered Mohan’s decision to lodge a police report as an indication that he lacked the “guilty mind” associated with murder.

“The accused did not flee the scene but remained in the area, making it easy for police to arrest him. If he intended to murder the deceased, he would not have lodged a police report,” she said.

She said the 14-year jail term would allow Mohan sufficient time to reflect on his mistake and turn over a new leaf.

Lawyers Mahendran Naidu Rama Santaram represented Mohan, while deputy public prosecutors Shahrizzat Amadan appeared for the prosecution.