AHMAD FARHAN BIN ISMAIL [ ]

AHMAD FARHAN BIN ISMAIL [ ]

The court allowed the appeals against sentence and exercised the discretion under Akta 846 to substitute the mandatory death sentences with lengthy imprisonment terms reflecting the seriousness and planning of the offence while giving weight to appellants' youth and mitigation; sentences of 30 years plus 12 strokes...

Source-derived case information.

Citation
C-05(M)-259-06/2022 (Mahkamah Rayuan)
Parties
Appellant: Ahmad Farhan bin Ismail; Appellant: Mohamad Iqmal bin Zulkifli; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
9 May 2024
Case Number
C-05(M)-259-06/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Appeal Against Conviction and Sentence Decided on Appeal (judgment)
Outcome
Appeals against sentence allowed; death sentences substituted with fixed terms of imprisonment and corporal punishment under Akta 846
Legal Topics
Murder, Section 302 Penal Code, Section 34 Penal Code, Akta Pemansuhan Hukuman Mati Mandatori 2023 (akta 846), Sentencing Discretion, Mitigation
Criminal Law Homicide Sentencing Appeals Murder Section 302 Penal Code Section 34 Penal Code Akta Pemansuhan Hukuman Mati Mandatori 2023 (akta 846) +2 more

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Parties

Ahmad Farhan bin Ismail

Appellant

Mohamad Iqmal bin Zulkifli

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (murder) / Appeal Against Conviction and Sentence Decided on Appeal (judgment)

  1. 1 Whether mandatory death sentences could be substituted under Akta 846
  2. 2 Appropriate quantum of imprisonment and corporal punishment under the discretionary regime
  3. 3 Assessment of individual roles and mitigation in joint enterprise liability under section 34 Penal Code

Ratio Decidendi

The court allowed the appeals against sentence and exercised the discretion under Akta 846 to substitute the mandatory death sentences with lengthy imprisonment terms reflecting the seriousness and planning of the offence while giving weight to appellants' youth and mitigation; sentences of 30 years plus 12 strokes for Ahmad Farhan and 32 years plus 12 strokes for Mohamad Iqmal were imposed from date of arrest.

Court Disposition

Appeals against sentence allowed; death sentences substituted with fixed terms of imprisonment and corporal punishment under Akta 846

Orders

  • Ahmad Farhan bin Ismail: 30 years imprisonment from date of arrest and 12 strokes of the rotan
  • Mohamad Iqmal bin Zulkifli: 32 years imprisonment from date of arrest and 12 strokes of the rotan