Alagesan Kamaraj [TIMBALAN ]

Alagesan Kamaraj [TIMBALAN ]

The court exercised its discretion under Act 846 to reduce the mandatory death exposure to a term of imprisonment of 35 years and 12 strokes of whipping, balancing the mitigation from the guilty plea against the brutality of the murder; conviction was affirmed and sentence reduced accordingly.

Citation
B-05(SH)-95-03/2024 (Mahkamah Rayuan)
Parties
Appellant: Alagesan Kamaraj; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
21 July 2025
Case Number
B-05(SH)-95-03/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal on Sentence After Conviction Affirmed
Outcome
Conviction affirmed; sentence reduced
Legal Topics
Murder, Sentence Reduction, Mandatory Death Penalty Abolition, Corporal Punishment
Source Language
Malay/English
Criminal Law Sentencing Penal Code Abolition of the Mandatory Death Penalty Act 2023 Murder Sentence Reduction Mandatory Death Penalty Abolition Corporal Punishment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alagesan Kamaraj

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal on Sentence After Conviction Affirmed

Legal Issues

  1. 1 Whether the court should exercise discretion under the Abolition of the Mandatory Death Penalty Act 2023 to impose imprisonment instead of death
  2. 2 Appropriate length of imprisonment under amended section 302 Penal Code
  3. 3 Extent of mitigation credit for guilty plea and saving of court time

Ratio Decidendi

The court exercised its discretion under Act 846 to reduce the mandatory death exposure to a term of imprisonment of 35 years and 12 strokes of whipping, balancing the mitigation from the guilty plea against the brutality of the murder; conviction was affirmed and sentence reduced accordingly.

Court Disposition

Conviction affirmed; sentence reduced

Orders

  • Appeal on conviction struck out
  • Appeal on sentence allowed