KUALA LUMPUR: An altercation over a microphone led to a 35-year-old Myanmar national being sentenced to 30 years in jail and 12 lashes of the rotan after the High Court in Johor Baru found him guilty of murdering his fellow countryman five years ago.
The incident occurred when the accused, Aung Zaw Win, had a problem with his microphone during his karaoke session and asked to borrow a new microphone from deceased, Myat Zaw Lwin, who is also his housemate.
However, Myat refused to lend his microphone, but Aung still insisted, resulting in a heated argument between the two.
During the fight, the accused grabbed a knife from the kitchen and started stabbing the deceased after the latter had thrown an iron table, which hit the former on the forehead.
In the trial, pathologist Dr. Rohayu Shahar Adnan testified that the deceased succumbed to 12 cuts on his body including four fatal stab wounds on the left side of his torso, which perforated vital organs and severed blood vessels.
The prosecution submitted that the accused admitted he had a short temper and had shown intent to harm someone during a fight.
However, during mitigation the accused pleaded that he regreted his action and asked for the court to give him a second chance.
Judicial Commissioner Noor Hayati Mat in her judgment said pursuant to the recent amendment of Section 302 of the Penal Code and the abolition of the mandatory death penalty act 2023, the court has been given a discretion to consider alternative punishments other than death penalty.
"In this case, I have considered the individual circumstances, such as the deceased being the accused's housemate, a colleague, and a friend.
"The accused held the deceased after the stabbing, indicating remorse and fear.
"Remorse after awakening from his criminal act is a valid consideration in giving the accused a second chance at life," she said in her grounds of judgment published on the judiciary website yesterday.
She said the case was not premeditated or aggravated murder as the accused was in a state of uncontrolled rage during the incident.
"Although it is a serious offence, it is not a heinous act of violence, which would justify a death sentence.
"I am of the opinion that it was a spontaneous assault (sufficient to cause death according to the ordinary course of nature) and not a preplanned act.
"Again, that does not mean it is not serious, but the length of the sentence passed is not short, but 30 years of his freedom will be taken away just because he could not control his anger fighting over a microphone," she added.
