MOHAMAD IQMAL BIN ZULKIFLI [ ]

MOHAMAD IQMAL BIN ZULKIFLI [ ]

The Court exercised the statutory discretion conferred by Act 846 to commute the mandatory death sentences to long terms of imprisonment and caning after weighing seriousness of offence, roles of each appellant, mitigation (youth, first offence, remorse), and public interest; imposed 30 years and 32 years imprisonment respectively with 12 strokes each as proportionate punishment under the Act.

Citation
C-05(M)-258-06/2022 (Mahkamah Rayuan)
Parties
Appellant: Ahmad Farhan bin Ismail; Appellant: Mohamad Iqmal bin Zulkifli; Respondent: Pendakwa Raya (Public Prosecutor)
Court
M
Jurisdiction
Malaysia
Judgment Date
9 May 2024
Case Number
C-05(M)-258-06/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment on Sentence Substitution Under Act 846
Outcome
Appeals against sentence allowed and death sentences substituted with lengthy imprisonment terms and caning under Act 846
Legal Topics
Murder (section 302 Penal Code), Common Intention (section 34 Penal Code), Sentencing Under Akta Pemansuhan Hukuman Mati Mandatori 2023 (act 846), Mitigation and Aggravating Factors, Principles of Proportionality and Public Interest
Source Language
Malay/English
Criminal Law Appellate Law Murder (section 302 Penal Code) Common Intention (section 34 Penal Code) Sentencing Under Akta Pemansuhan Hukuman Mati Mandatori 2023 (act 846) Mitigation and Aggravating Factors Principles of Proportionality and Public Interest

Case Brief

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Parties

Ahmad Farhan bin Ismail

Appellant

Mohamad Iqmal bin Zulkifli

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment on Sentence Substitution Under Act 846

Legal Issues

  1. 1 Whether the mandatory death sentences may be substituted with terms of imprisonment under Act 846
  2. 2 Appropriate length of imprisonment and imposition of caning under the discretionary sentencing framework
  3. 3 Assessment of each appellant's role and culpability in the killing

Ratio Decidendi

The Court exercised the statutory discretion conferred by Act 846 to commute the mandatory death sentences to long terms of imprisonment and caning after weighing seriousness of offence, roles of each appellant, mitigation (youth, first offence, remorse), and public interest; imposed 30 years and 32 years imprisonment respectively with 12 strokes each as proportionate punishment under the Act.

Court Disposition

Appeals against sentence allowed and death sentences substituted with lengthy imprisonment terms and caning under Act 846

Orders

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