Employer Escapes Jail Time

PUTRAJAYA:
Thinegeswaran a/l V. Krishnan was slapped with 2 charges underSection 324 of the Penal Code for voluntarily causing hurt by dangerous weapons or means. Each charge carries a punishment of up to 10 years imprisonment, a fine, whipping or any combination of the two.
The Prosecution’s case was that the victim was a domestic helper who lived at the Appellant’s home in Melaka along with her then 4-year-old son. It was alleged that from 10 December 2013 to 23 December 2013, the Appellant would routinely beat the young child with a cane (rotan) measuring 2 feet 3 inches for no apparent reason. When the mother finally stepped in on the 23 December 2013, she was also allegedly subjected to the same abusive treatment. The victim begged to be allowed to return to Seremban with her son and the Appellant complied. Upon their return to Seremban, the victim lodged a police report against her former employer. 
This case was first heard in the Magistrates’ Court where the Appellant pleaded guilty to both charges and was fined RM 5,000.00 for each charge with 8 months imprisonment in default. Dissatisfied with the lenient sentencing by the Magistrate, the Prosecution appealed against the sentence to the High Court. Leave for appeal was granted and the appeal was heard in the Melaka High Court on 25 September 2018 before YA Dato’ Haji Ahmad Nasfy Bin Haji Yasin who set aside the Magistrate’s decision and replaced with 8 months of imprisonment.
The Appellant had appointed counsel Dato’ Geethan Ram Vincent to appeal against the sentence meted out by the High Court Judge.

On 7 August 2019, the case was heard before the Court of Appeal. The Appellant ‘s main ground of appealcentered on the correctness of the High Court Judge’s decision, in its appellate jurisdiction, to consider the victim’s impact statement which was given not in compliance with Section 173(m) of the Criminal Procedure Code,in overturning the Magistrate Court’s decision and imposing a sentence of imprisonment. Upon parties’ submissions, the 3-judge-panel allowed the appeal by setting aside the High Court Judge’s sentence of imprisonment and reinstating the Magistrate Court’s initial sentence of a RM5,000.00 fine. Thinegeswaran was all smiles as he walked out of the courtroom.