Justice Aslam Zainuddin imposed the custodial term on Saiful Adli Yusof, 52, in a revision hearing involving two charges of voluntarily causing hurt and criminal intimidation against Liew Khoon Foo, 70.
The court invoked Section 323 of the Criminal Procedure Code and set aside the RM5,500 fine imposed by the magistrate on Feb 10.
“You are sentenced to four months’ imprisonment from today. For both charges, the sentences are to run concurrently,” the judge said.
In delivering his decision, Aslam held that Saiful’s conduct was unjustified and had serious consequences.
Liew earlier read out a victim impact statement in Mandarin, telling the court that he now suffers from trauma, is fearful of leaving his home and no longer dared to drive.
He said he required six stitches to his tongue, which made eating difficult, and denied deliberately crashing into Saiful’s vehicle.
“I had no intention of hitting his car. Perhaps my age contributed to the incident and a police report was lodged over the accident.
“I fear he may hold a grudge and look for me again. I plead for a commensurate sentence,” he said.
In mitigation, defence counsel Syakir Haznal submitted that his client did not immediately attack the victim but had first knocked on the car door to discuss the matter.
He said Saiful pleaded guilty and had already been fined a substantial sum.
Addressing the court from the dock, Saiful claimed that he lost control after his Toyota Vellfire was struck, causing his three-day-old baby to slip from his wife’s arms and fall.
“I sounded the horn but he kept driving, including running a traffic light. I chased him for about 500m. At the time, I was on my way to look for a breast pump,” he said.
Deputy public prosecutor Shahrul Ekhsan Hasim described the respondent’s actions as cruel, referring to video footage that showed the victim being kicked three times, punched and pinned against a car door.
“This country has laws. The respondent’s actions were those of a road bully, acting recklessly and out of anger. We ask the court to impose a sentence that serves as a lesson,” he said.