Dumpangol bin Borongkas & Anor v Public Prosecutor

Appellant(s): Dumpangol Bin Borongkas

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Datuk Ravinthran a/l Paramaguru
• YA Dato' Collin Lawrence Sequerah
• YA Dato' Ahmad Kamal Bin Md. Shahid

• The appellants and another individual were initially charged with murder under Section 302 of the Penal Code.
• The High Court convicted them of the lesser offence of culpable homicide not amounting to murder under Section 304(a) of the Penal Code, sentencing the appellants to 18 years' imprisonment.
• The appellants appealed only against the severity of the sentence, not the conviction, which arose from a brutal assault on the victim in his home.

• Whether the 18-year imprisonment sentence imposed by the High Court for culpable homicide not amounting to murder under Section 304(a) of the Penal Code was manifestly excessive.
• Whether the sentence was inconsistent with prevailing sentencing trends, particularly considering the amendment to the Penal Code increasing the maximum punishment for the offence.
• Whether the mitigating factors presented by each appellant, such as their individual roles, alcohol influence, and family circumstances, warranted a reduction in sentence.

• The Court of Appeal dismissed both appeals, affirming the High Court's 18-year imprisonment sentence for each appellant.
• The Court held that the High Court did not err in its assessment of mitigating factors, finding the first appellant's position as Ketua Kampung an aggravating factor and the second appellant's active and cruel participation warranted similar treatment.
• The Court found the sentence consistent with current sentencing trends for Section 304(a) offences, noting that many precedents cited by the appellants were outdated due to a statutory amendment increasing the maximum punishment.