TWO men previously sentenced to death for the 2018 murder of 58-year-old Ting Poh Sing in her Sibu home have had their sentences commuted to 35 years’ imprisonment each by the Court of Appeal, with the judges additionally ordering that both receive 15 strokes of the cane.
The panel, comprising Datuk Ahmad Zaidi Ibrahim, Datuk Mohamed Zaini Mazlan, and Datuk Alwi Abd Wahab, ruled that while the crime was serious, it did not meet the threshold for the death penalty.
In a written judgment dated November 26 and published on the judiciary’s website, Datuk Mohamed Zaini explained that the Abolition of Mandatory Death Penalty (AMDP) Act 2023 grants courts judicial discretion to determine whether capital punishment is necessary and proportionate.
“We are of the view that the death penalty should be reserved for the most extreme cases. This case was not one of them,” he said.
Jeeji Ting Kim Leong and Syahadan Othman Sabang had been charged under Section 302 read together with Section 34 of the Penal Code for the murder, which occurred between 1am and 7.10pm on June 27, 2018, at an unnumbered house in Pualu Kerto, Sibu. Zaini noted that Syahadan was the primary perpetrator, smothering the victim while Ting restrained her, but that the murder was not premeditated.
“While their act was unlawful and reprehensible, it does not fall within the category of cases where the death penalty is the only just punishment.
“Both appellants were relatively young at the time and acted out of a common intention to rob, not to kill,” he said.
The High Court had initially sentenced the duo to death on July 31, 2023, shortly after amendments to Section 302 of the Penal Code under the AMDP Act came into effect, citing the brutality of the injuries inflicted.
The appeal judges acknowledged the severity of the crime but emphasised the principle of judicial discretion introduced by the legislation.
Defence lawyer Louis Jarau highlighted that both men were in their 30s at the time of the offence and had been in custody since 2018.
“Although not explicitly stated, this seems to imply that their actions were a 'youthful misadventure’. They argued that they are remorseful and appealed for the court's mercy to spare them from the gallows,” Zaini noted.
Deputy public prosecutor Mohd Fuad Abdul Aziz had urged the court to uphold the death penalty but offered as an alternative a 35-year jail term with 15 strokes of the cane, a recommendation that was accepted in the appeal judgment.
The victim was discovered by relatives at around 7pm on the day of the murder, lying in her room with her hands and legs bound, and her face and mouth bruised.
Forensic examination confirmed death from traumatic asphyxia and smothering, and DNA evidence linked Syahadan to the crime scene.
Items belonging to the victim, including a gold earring and a black Nokia mobile phone, were recovered from nearby bushes following leads provided by the accused.
The ruling underscores the judiciary’s measured approach under the AMDP Act, reserving the death penalty for the most egregious offences while imposing substantial custodial and corporal sentences for serious crimes. - December 2, 2025
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