AUNG ZAW WIN

AUNG ZAW WIN

The court exercised the discretion granted by Act 846 to impose an alternative to death: the accused was convicted of murder under s.302 but the offence was not premeditated or exceptionally aggravated; mitigating factors (remorse, no prior convictions, relationship with deceased, spontaneous nature of assault) outweighed aggravation; therefore a custodial sentence of 30 years and 12 strokes was appropriate instead of the death penalty.

Citation
JA-45B-6-09/2020 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Aung Zaw Win
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 January 2024
Case Number
JA-45B-6-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder / Trial and Sentencing (convicted; Sentence Imposed; Prosecution Appealed)
Outcome
Accused convicted of murder under section 302 Penal Code; sentenced to imprisonment and corporal punishment as alternative to death; prosecution has appealed the sentence.
Legal Topics
Murder, Death Penalty Abolition, Provocation, Self Defence, Mitigation and Aggravation, Corporal Punishment
Source Language
Malay/English
Criminal Law Sentencing Penal Code Amendments Murder Death Penalty Abolition Provocation Self Defence Mitigation and Aggravation +1 more

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Parties

Public Prosecutor

Prosecutor

Aung Zaw Win

Accused

Procedural Posture

Criminal Murder / Trial and Sentencing (convicted; Sentence Imposed; Prosecution Appealed)

Legal Issues

  1. 1 Whether the accused's actions constituted murder under section 302 Penal Code following amended s.302/Act 846
  2. 2 Whether defences of grave and sudden provocation, sudden fight or self-defence were established
  3. 3 Whether death sentence was appropriate or discretionary alternative imprisonment and whipping should be imposed

Ratio Decidendi

The court exercised the discretion granted by Act 846 to impose an alternative to death: the accused was convicted of murder under s.302 but the offence was not premeditated or exceptionally aggravated; mitigating factors (remorse, no prior convictions, relationship with deceased, spontaneous nature of assault) outweighed aggravation; therefore a custodial sentence of 30 years and 12 strokes was appropriate instead of the death penalty.

Court Disposition

Accused convicted of murder under section 302 Penal Code; sentenced to imprisonment and corporal punishment as alternative to death; prosecution has appealed the sentence.

Orders

  • Convicted of murder under s.302 Penal Code.
  • Sentenced to 30 years' imprisonment.