M'sia man threatens girlfriend with knife for refusing sex, he dies in struggle, she gets 6.5 years' jail
"The refusal to accept 'no' as an answer in a relationship can be deadly and devastating," said Judge Kan Weng Hin.
A 22-year-old woman in Johor Bahru, Malaysia was sentenced to six years and six months' jail on Oct. 28 after she stabbed her 29-year-old boyfriend to death following an argument about sex.
According to New Straits Times (NST), the incident occurred in a hotel near Jalan Austin Height on Sep. 20, 2022.
The woman, whose name has been abbreviated to "Shy" as part of a court order to protect her identity, had rejected his advances as she was menstruating.
Boyfriend threatened her with a knife, couple got into a tussle
According to NST, Shy's boyfriend had become angry and threatened her with a knife after she refused.
The pair had been in a relationship for almost one year.
Fearing for her safety, she attempted to disarm him.
During the struggle, the knife fatally pierced his chest multiple times.
Realising he was unresponsive, Shy panicked and called her mother, who arrived with her stepfather and later alerted the police.
She was arrested on the same night and initially charged with murder, which carries the death penalty in Malaysia.
The charge was later reduced to culpable homicide not amounting to murder by the Johor prosecution after representations by her lawyer.
"Justice should be tempered with mercy": Judge
Shy pleaded guilty to the reduced charge, and was given six years and six months' jail.
In his written judgment, Judge Kan Weng Hin described the case as "one of love, fear and irreversible tragedy".
He noted that Shy was visibly traumatised and had cried throughout the proceedings.
He said while the offence warranted punishment, the court also had a duty to consider her age and the circumstances leading to the act.
"The refusal to accept 'no' as an answer in a relationship can be deadly and devastating," Kan added.
He said that justice should be "tempered with mercy" in cases involving young offenders to allow for rehabilitation.
Kan also ordered Shy's identity to be protected to give her a chance to rebuild her life after serving her sentence and to prevent undue stigma on her or her future children.
Both the prosecution and the defence have filed appeals against the sentence.
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