How does Section 109 of the Penal Code apply to the abetting charge?

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Section 109 of the Penal Code Addresses Abetment by Instigation

Section 109 of the Penal Code applies to the charge of abetment by outlining the penalties for instigating an offence. In this case, Wong Sing Dieng was charged under Section 307 of the Penal Code read with Section 109, indicating he is accused of instigating Lionel Kho Kwong Teck to commit the attempted murder. The charge signifies that Wong is alleged to have played a role in encouraging or facilitating the commission of the crime by another person.
Offence of Attempted Murder

Lionel Kho Kwong Teck faces the primary charge of attempted murder under Section 307 of the Penal Code. This section addresses the act of attempting to cause death by any means that, if death were caused, would amount to murder. The specific allegation is that Lionel discharged a firearm at Lau Ang Ho on August 24, around 5:20 PM, at the Jalan Penyangkai Majau–Kanowit junction. Section 307 stipulates penalties that can include imprisonment of up to 10 years, or up to 20 years if injury is caused.
Abetting Charge Under Section 109

Wong Sing Dieng's charge involves abetting Lionel in the attempted murder. Abetment, generally speaking, means to instigate or encourage another person to commit an offence. Section 109 of the Penal Code specifically deals with the punishment for abetting an offence when no express provision is made for the punishment of such abetment, and where the act abetted is committed in consequence of the abetment. By reading the charge together with Section 109, the prosecution is asserting that Wong's actions constituted instigation, leading to Lionel's alleged criminal act.
Legal Ramifications for Abetting

The application of Section 109 means that Wong faces penalties similar to those prescribed for the primary offence he allegedly abetted, provided the offence was committed. In this instance, the attempted murder charge under Section 307 carries significant penalties. Therefore, Wong's alleged role in instigating the act makes him liable under the law for his part in the commission of the crime, even though he may not have been the direct perpetrator of the shooting.
Court Proceedings and Plea

Both Lionel Kho Kwong Teck and Wong Sing Dieng appeared in the Magistrate's Court in Sibu. No pleas were recorded from either of the accused regarding the attempted murder charge. The cases have been adjourned for further mention on September 23. The prosecution was represented by Deputy Public Prosecutor Nuralisa Natasha Nazrulzam, while both accused were unrepresented in these proceedings.

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How does Section 109 of the Penal Code apply to the abetting charge?

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