Dumpangol Bin Borongkas v Pendakwa Raya [Pendakwa Raya]

s-05h-102-03-2024 Court of Appeal (Mahkamah Rayuan) 3 August 2025 • S-05(H)-102-03/2024 • 17 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (4)

Parties (2)

Case Significance

Dumpangol Bin Borongkas v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated August 3, 2025 (citation: s-05h-102-03-2024). <p>Two appellants convicted of culpable homicide not amounting to murder under s.304(a) Penal Code for killing a co-worker at a plantation in Beluran, Sabah, appealed against their 18-year imprisonment sentences. The Court of Appeal dismissed the appeals, finding the sentences were not manifestly excessive or disproportionate and the High Court had properly considered all relevant sentencing factors.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Collin Lawrence Sequerah and Ravinthran a/l Paramaguru, with Ravinthran a/l Paramaguru delivering the judgment. Counsel appearing: Cassandra Ho Yan Yan (counsel for appellant), Lim Chun Yuan (counsel for appellant), Mohd. Fuad bin Abdul Aziz (prosecution counsel).

Key issues: Appeal against sentence - 304(a) Penal Code - Three accused charge with offence - Whether mitigating factors individually assessed? - Whether sentencing trend considered?.

Summary

Two appellants convicted of culpable homicide not amounting to murder under s.304(a) Penal Code for killing a co-worker at a plantation in Beluran, Sabah, appealed against their 18-year imprisonment sentences. The Court of Appeal dismissed the appeals, finding the sentences were not manifestly excessive or disproportionate and the High Court had properly considered all relevant sentencing factors.

What was the outcome of Dumpangol Bin Borongkas v Pendakwa Raya [Pendakwa Raya]?

<p>Two appellants convicted of culpable homicide not amounting to murder under s.304(a) Penal Code for killing a co-worker at a plantation in Beluran,...

Statutes Cited

Penal Code
s 304(a)
Societies Act 1966
s 43

Cases Cited (9)

MY (9)
[2003] 2 MLJ 87 [2009] 8 MLJ 430 [2013] 2 MLJ 549 [2016] 4 MLJ 161 [2017] 3 MLJ 532 [2018] MLJU 1402 [2020] 5 MLJ 442 [2024] 2 MLJ 876 [2025] 3 MLJ 464