Justice Zaini Mazlan said Wong Zing Haw’s conviction and sentence must convey to the public that a crime of this nature is abhorred.
“This act was gruesome, particularly as the deceased had been his wife since 2011. Wong attempted to conceal his crime and showed no remorse,” Zaini said in a 40-page judgment detailing why the bench dismissed his appeal against conviction and sentence.
He said the bench, following amendments to penal laws in 2023, had the option to maintain the capital punishment or impose a jail term of up to 40 years plus a minimum whipping of 12 strokes on male offenders who are less than 50 years of age.
“While it is necessary to balance the appellant’s interests with those of the public, the sentence must not only deter others from committing similar crimes but also reflect society’s revulsion toward the crime committed,” he said.
Also hearing the appeal in Kuching were Justices Azizah Nawawi and See Mee Chun.
Wong, 49, has a final right of appeal before the Federal Court.
In 2020, the High Court in Kuching handed Wong the mandatory death penalty after ruling the prosecution had proved its case beyond a reasonable doubt.
Wong committed the offence on Yang Xi, 31, between Feb 25 and March 3, 2018, at Lot 1530, Block 3, Simanggang Town Land District.
Yang’s decapitated head was found by two anglers along the bank of Batang Lupar, near Jalan Skait Lama in Sri Aman on March 3, 2018. The rest of her body was never found.
Wong was arrested on March 4, 2018, after police found several inconsistencies in his statement regarding the disappearance of his wife, whom he claimed had run away several days earlier.
They had two children together, but their marriage became tumultuous in its later years.
Zaini said Yang’s death has now deprived the children of a mother’s care and love.
“The appellant had mistreated the deceased by chaining her to the bed, where the children could see her.
“We can only imagine the trauma that the children experienced and will likely continue to experience in the future from witnessing their mother’s condition,” he said.
He said Wong had brutally cut Yang’s body into several pieces and disposed of them in the river.
He said the circumstantial evidence, when viewed collectively, leads to an undeniable conclusion that Wong murdered the deceased.
“We find that the trial judge had thoroughly analysed the circumstantial evidence in reaching the same conclusion. We find no reason to disturb the learned judge’s findings of fact,” he said.
Evidence also showed that Wong had purchased several types of knives and a chopping board before the murder.
Wong also told a police officer that the body parts were thrown into the river, and the murder weapon was at home. He also led the police to discover incriminating exhibits.
Deputy public prosecutor Khusairy Ibrahim appeared for the prosecution while lawyers Orlando SW Chua and Vanessa Ting represented Wong.