A three-member panel led by Justice Noorin Badaruddin allowed the prosecution’s cross-appeal, Bernama reported.
The panel set aside the convictions of Chua Li Pin and Song Chun Ru under Section 304(b) of the Penal Code and their earlier five-year jail sentences, and convicted them under Section 304(a) instead.
It also dismissed their appeals against their conviction and sentence.
Delivering the court’s unanimous decision, Noorin said the sessions court judge had erred in reducing the charge to Section 304(b).
Section 304(a) covers culpable homicide not amounting to murder committed with the intention of causing death or bodily injury likely to cause death. It provides for imprisonment of up to 30 years and is liable to caning.
In contrast, Section 304(b) carries a maximum sentence of 10 years’ imprisonment, or a fine, or both, for offences committed without the intention to cause death but with the knowledge that death is likely.
The panel, which also comprised Justices Hayatul Akmal Abdul Aziz and Meor Hashimi Abdul Hamid, issued a warrant of committal for both men to begin serving their sentences from today.
They had previously been released on bail of RM25,000 with one surety, with a stay of execution pending the disposal of their appeal.
Chua, 46, and Song, 42, were initially charged alongside another suspect who remains at large with committing culpable homicide not amounting to murder of Lee Meng Hun, 40.
The offence took place in front of Kebun Babike, Jalan Johor, Kampung Setia Jaya, Batu Pahat, Johor, between 4pm on Dec 1, 2019, and 10pm on Dec 2, 2019.
On Aug 6, 2023, the sessions court convicted them under Section 304(b) and sentenced each to five years in prison. Subsequently, on July 3 last year, the High Court dismissed the appeals of both the prosecution and the men.
Both men had gone to Lee’s house to collect a debt. When Lee told them he had no money and could only pay after selling his motorbike, they took him to an oil palm plantation and began assaulting him with a stick and a metal rod.
Noorin said the use of weapons, combined with hits directed at the man’s head, gave rise to an inference that the men intended to cause bodily injury likely to result in death.
She further held that their conduct during the assault, including leaving the deceased in a vulnerable condition, supported the inference that they were indifferent to the fatal consequences of their actions.
Deputy public prosecutor How May Ling appeared for the prosecution, while lawyers Chong Yik Loong and Chin Kut Hee represented both men.