Unemployed Kuching man fined RM3,600 for causing hurt to family members, mischief

KUCHING (Nov 24): An unemployed man was fined a total of RM3,600 in default 11 months in jail at the Magistrates’ Court here yesterday for charges of causing hurt to his sister and nephew and damaging a door belonging to his father.

Erwan Jan Mohamad, 43, pleaded guilty to the three charges before Magistrate Mason Jaro Lenya Barayan after the charges were read to him.

For the first and second charges, he was accused of causing hurt to his sister, 39, and nephew, 20, under Section 323 of the Penal Code.

He was fined RM1,000 in default three months and a fine of RM1,600 in default six months for the first and second charge respectively.

For the third count, Erwan was charged under Section 427 of the Penal Code for committing mischief by damaging his father’s bedroom door, causing a loss of RM300. He was fined RM1,000 in default two months for the offence.

He committed the offences at a house in Taman Desa Wira, Batu Kawa around 7pm on Nov 11, 2023.

Based on the facts of the case, Erwan asked his sister to massage his body as it was aching.

His sister then advised Erwan to go to the hospital for a health check-up because he has been fainting often lately.

However, the suggestion caused Erwan to go on a fit of rage, and he then punched his sister in the head, back, and right hand.

Upon seeing the scene, the sister’s son, who tried to calm Erwan down, was also being hit and slapped by the latter.

Erwan’s sister, who feared for her safety, immediately ran into their father’s bedroom, while Erwan, who was still angry, proceeded to kick the bedroom door.

His sister then ran away from the room and immediately lodged a police report that led to Erwan’s arrest on the same day.

Investigations found that Erwan’s sister and nephew suffered injuries from the incident, apart from causing a loss of RM300 for damaging his father’s bedroom door.

It was understood that Erwan admitted to doing so because he could not stand the toothache and had a headache and pain on his left cheek.

Insp Merylene Lindan Andrew Mang handled the prosecution while Erwan was unrepresented by legal counsel.