AL AMIN [Timbalan (TPR), Jabatan Peguam Negara]

AL AMIN [Timbalan (TPR), Jabatan Peguam Negara]

The Court held that the High Court properly considered relevant factors, including public interest and sentencing trends, and that the 15-year imprisonment was not manifestly excessive (indeed lighter than typical 18–20 year range); therefore no appellate intervention was warranted and the sentence was upheld.

Citation
W-05(H)-566-12/2024 (Mahkamah Rayuan)
Parties
Appellant: AL AMIN; Respondent: PUBLIC PROSECUTOR
Court
H
Jurisdiction
Malaysia
Judgment Date
11 April 2025
Case Number
W-05(H)-566-12/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Sentence to Court of Appeal (sentence Review)
Outcome
Appeal dismissed; High Court sentence of 15 years' imprisonment upheld.
Legal Topics
Section 304(a) Penal Code, Alternative Charge to Murder, Sentencing Principles, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Sentencing Penal Code Section 304(a) Penal Code Alternative Charge to Murder Sentencing Principles Public Interest in Sentencing

Case Brief

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Parties

AL AMIN

Appellant

PUBLIC PROSECUTOR

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence to Court of Appeal (sentence Review)

Legal Issues

  1. 1 Whether the 15-year sentence for an offence under Section 304(a) Penal Code is manifestly excessive or inadequate
  2. 2 Whether the High Court erred in applying sentencing principles including consideration of public interest and mitigation

Ratio Decidendi

The Court held that the High Court properly considered relevant factors, including public interest and sentencing trends, and that the 15-year imprisonment was not manifestly excessive (indeed lighter than typical 18–20 year range); therefore no appellate intervention was warranted and the sentence was upheld.

Court Disposition

Appeal dismissed; High Court sentence of 15 years' imprisonment upheld.

Orders

  • Appeal dismissed.
  • High Court sentence of 15 years' imprisonment upheld to run from date of arrest.