The acceptance of guilty pleas based on mitigating circumstances, including family responsibilities, justifies lenient sentencing under the applicable provisions of the Penal Code.

Court: In view of the substitution of reduced charges under ss 323 and 325 of the Penal Code , I will call for the reduced charges to be read to both accused: "That you ADIN AK USAT, did on 8th day of September, 2009, at about 12.30 a.m. in the living room of house at 34th Mile, Bintulu-Miri Road, In the District of Bintulu, in the state of Sarawak, did voluntarily cause hurt to JAMBAU ANAK SUPET (M) and that you have thereby committed an offence punishable under s 323 of the ."

"That you ROBERT AK USAT, did on 08th day of September, 2009, at about 12.30 a.m. in the living room of house at 34th Mile, Bintulu-Miri Road, In the District of Bintulu, in the state of Sarawak, did voluntarily cause hurt to JAMBAU ANAK SUPET (M) with strip of wood and that you have thereby committed an offence punishable under s 324 of the Penal Code ."

Charge read and interpreted to both Accused.

1st Accused: I understand my charge. I plead guilty to the charge.

2nd Accused: I understand my charge. I plead guilty to the charge.

DPP: The facts for both the charges against both accused is already laid out in my submission for the s 302 charge and I repeat them here.

Court: I will now hear mitigation from Assigned counsel.

1st Accused is a first offender. He was 50 years old when the offence committed. He's married with one child. He is the sole breadwinner of the family. By pleading guilty at the very first opportunity of the reduce charge has saved the Court's time and expenses. I humbly pray for a lenient sentence.

Mr. Stephen: In respect of 2nd Accused, he is also a first offender. The second accused is 46 years old when the offence was committed. He is married with 6 children. He is the sole breadwinner of the family. He is remorse with what has happened. He is still married to the deceased's daughter. By pleading guilty at the very first opportunity of the reduce charge has saved the Court's time and expenses. I humbly pray for a lenient sentence.

DPP: Humbly pray for appropriate sentences. For record both of the accused are Indonesians and pray for both the accused to be deported after serving sentence to be imposed.

Court: Having satisfied that both Accused understand their charges and the implication of pleading guilty to the respective charges, the Court accepts their plea of guilty and convict the 1st accused of the charge of voluntarily causing hurt punishable under s 323 of Penal Code and the 2nd accused of the charge of voluntarily causing hurt by dangerous weapon punishable under s 324 of as charged.

Sentencing

Upon hearing learned DPP and Assigned Counsel in mitigation before sentencing, in the light of the facts of the fight in the living room and the part the deceased played to cause it, the Court in view that both Accused have been imprisoned since the date of their arrest will sentence both Accused to one day's imprisonment. Both accused being Indonesians, shall be placed in the custody of the Police pending arrangement by the Immigration Department for their deportation from Malaysia.