AUNG ZAW WIN

AUNG ZAW WIN

Under the amended s.302 (Act 846) the court exercised its discretion to impose 30 years' imprisonment and 12 strokes because the killing was spontaneous during a fight, not premeditated or aggravated murder, the accused showed remorse and mitigating factors outweighed aggravating features, so death was not warranted.

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 (section 302 Penal Code) / Sentencing Judgment (post Conviction); Prosecution Has Appealed Against Sentence
Outcome
Accused convicted of murder under section 302 Penal Code; sentenced to 30 years imprisonment and 12 strokes of the rattan; prosecution has appealed the sentence to the Court of Appeal.
Legal Topics
Murder Under Section 302, Mitigation and Aggravation in Sentencing, Abolition of Mandatory Death Penalty Act 2023 (act 846), Self Defence, Provocation
Source Language
Malay/English
Criminal Law Homicide/murder Sentencing Penal Code/statutory Reform Murder Under Section 302 Mitigation and Aggravation in Sentencing Abolition of Mandatory Death Penalty Act 2023 (act 846) Self Defence +1 more

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Parties

Public Prosecutor

Prosecutor

Aung Zaw Win

Accused

Procedural Posture

Criminal Murder (section 302 Penal Code) / Sentencing Judgment (post Conviction); Prosecution Has Appealed Against Sentence

Legal Issues

  1. 1 Whether the offence warrants death or discretionary alternative under amended s.302
  2. 2 Whether defences of grave and sudden provocation, sudden fight or self-defence were established
  3. 3 Appropriate sentence given mitigating and aggravating factors and statutory amendments

Ratio Decidendi

Under the amended s.302 (Act 846) the court exercised its discretion to impose 30 years' imprisonment and 12 strokes because the killing was spontaneous during a fight, not premeditated or aggravated murder, the accused showed remorse and mitigating factors outweighed aggravating features, so death was not warranted.

Court Disposition

Accused convicted of murder under section 302 Penal Code; sentenced to 30 years imprisonment and 12 strokes of the rattan; prosecution has appealed the sentence to the Court of Appeal.

Orders

  • Conviction entered for murder under s.302 Penal Code
  • Sentence of imprisonment for 30 years imposed