A 68-year-old contractor was sentenced to four years in jail for culpable homicide after fatally shooting a man he suspected of stealing his property.

SIBU: The High Court here today sentenced a 68-year-old contractor to four years’ imprisonment for culpable homicide not amounting to murder. Justice Wong Siong Tung convicted Tang Kee Tan under Section 304(b) of the Penal Code for causing the death of Wong Soon Guan, 40, in April 2023.

Tang was also sentenced to one year’s jail under the Arms Act 1960 for discharging a firearm and injuring another man, Wong Soon Wuong, 30. The court ordered both sentences to run concurrently from the date of Tang’s arrest on April 5, 2023.

“The most serious aggravating factor is that the incident resulted in the loss of human life,” Justice Wong said in delivering the sentence. He added that the use of a firearm significantly increased the seriousness of the offence.

However, the court also considered mitigating circumstances. Justice Wong noted the incident occurred where the accused believed his property was being stolen, the events unfolded in darkness, and the act was not premeditated.

Tang had originally faced a murder charge under Section 302 of the Penal Code. After hearing testimonies, the court found him guilty of the lesser offence of culpable homicide committed with knowledge that the act was likely to cause death but without intention.

During mitigation, defence counsel Rosli Gapor said Tang was a first offender who had attempted to defend his property but exceeded the right of private defence. Deputy Public Prosecutor Mark Kenneth Netto sought a severe custodial sentence.

Netto submitted that Tang had deliberately fired a licensed shotgun three times at the fleeing victims. He argued a strong sentence was needed to reflect the gravity of the offences and send a clear deterrent message against the misuse of licensed firearms.

 The Sun Malaysia