Court of Appeal Upholds 30-Year Sentence for Former Workshop Worker in Fatal Stabbing Case
PUTRAJAYA, April 9 – The Court of Appeal has upheld a 30-year prison sentence and 12 strokes of the cane against a former car spray workshop employee, ruling that there were no grounds to overturn his murder conviction.
A three-member panel led by Justice Azman Abdullah unanimously dismissed the appeal filed by Lu Kian Pin, 41, affirming the earlier decision of the Johor Bahru High Court.
The panel, which also included Justices Hayatul Akmal Abdul Aziz and Mohd Radzi Abdul Hamid, found that the appellant failed to demonstrate any legal or factual error in the High Court’s findings.
Delivering the judgment, Justice Mohd Radzi stated that the court saw no reason to interfere with the conviction, as the defence had not established sufficient grounds to justify a reversal.
“The appellant failed to prove that there was provocation by the victim, and no compelling reason was presented to warrant setting aside the conviction,” he said.
Intent to Kill Not Required to Be Proven Directly
The court clarified that in murder cases, it is not always necessary for the prosecution to prove a direct intention to kill.
Instead, it is sufficient to establish that the accused intended to cause bodily harm, and that such harm was likely to result in death.
In this case, the appellant’s act of repeatedly stabbing the victim in vital areas such as the chest and abdomen was deemed sufficient to meet the legal threshold for murder under Section 302 of the Penal Code.
Witness Testimony and Timeline Strengthened Prosecution Case
The case stemmed from an incident on March 7, 2021, at a homestay in Taman Kota Kulai, Johor, where the victim, 78-year-old Foo Ji Khwe, was fatally stabbed.
A key prosecution witness, who was also staying at the same premises, testified that she encountered the accused and the victim prior to the incident.
According to her testimony, the accused appeared intoxicated and made suspicious remarks before both men proceeded upstairs.
Shortly afterward, she heard sounds of a struggle followed by screams, and later saw the accused descending the stairs holding a blood-stained knife.
Forensic Evidence Confirmed Cause of Death
Post-mortem findings revealed that the victim sustained 16 injuries, including seven stab wounds, three of which were classified as fatal.
A medical expert concluded that the cause of death was multiple stab wounds to the chest and abdomen.
This forensic evidence played a crucial role in reinforcing the prosecution’s case and undermining the defence’s arguments, including claims of provocation.
Appeal Dismissed, Sentence Maintained
The court ultimately ruled that the appeal lacked merit and upheld the original sentence of 30 years’ imprisonment, effective from the date of arrest on March 7, 2021, along with 12 strokes of the cane.
The decision effectively closes the case at the appellate level, reaffirming the conviction and sentence imposed by the High Court.
The ruling underscores the judiciary’s firm stance on serious violent crimes and highlights the importance of credible witness testimony and forensic evidence in securing convictions.
-wilayah.com.my
