Boy convicted of multiple murders to be detained at the pleasure of Head of State
SIBU: The High Court here yesterday found a teenage boy guilty of murdering four members of a family in their house at RTM Road in January last year.
However, because he was under 18 when he committed the murders the boy escaped the death sentence and was ordered to be detained in prison pending a decision on his fate by the Head of State.
The boy, who was also charged with an attempted murder, has to stay behind bars for eight years.
The youth, now 19, was found guilty of murdering businessman Ling Tong Hock, 36, Ling’s 76-year-old mother Leong Nyuk Lan, son David Ling Chei Qi, 10 and daughter Amy Ling Zi Jiun, 7, by bludgeoning them to death with a steel hammer.
He was also found guilty of the attempted murder of Ling’s other son Kelvin Ling Chei You in their house at RTM Road about 7am on Jan 3, 2012.
In her judgement, Judge Supang Lian said that at the time of the offence, the youth was only 17 years and seven months old and as such was defined as a ‘child’ under Section 2 of the Child Act 2011.
She ordered the imprisonment to take effect from the date of his arrest and to run concurrently with the sentence meted out for the four murder charges.
The judge also noted that the accused had elected to remain silent when he was called upon to enter his defence on all five charges preferred against him.
On the evidence adduced, she found that the prosecution had proved its case against the accused on all the charges beyond reasonable doubt.
“For the first, second, third and fourth charges of murder under Section 302 of the Penal Code, pursuant to Section 91 of the Child Act 2001 a sentence of death shall not be pronounced or recorded against the accused for he was 17 years and seven months old at the time of the commission of the offences on Jan 3, 2012 and as such, was still a child.
“Pursuant to Section 97(2) of the Act, there is one sentence in lieu of a sentence of death. It is this. The Court shall order a person convicted of an offence of murder to be detained in a prison at the pleasure of the Yang di-Pertua Negeri of the State of Sarawak.”
On the attempted murder charge, Supang said the accused was found guilty and convicted of an offence under Section 307 Penal Code.
Stating that the maximum penalty prescribed by law for this offence is 20 years’ imprisonment, she pointed out that the medical evidence adduced at the trial through Dr Zul Imran Malek showed that Kelvin Ling who was then only a child aged eight had suffered horrendous injuries at the hands of the accused.
Source: The Borneo Post, Sept. 24, 2013
