FAIROZ AZMAN BIN AMIRONZUKI

FAIROZ AZMAN BIN AMIRONZUKI

On the facts the court found the robbery and the firearm discharges formed a single continuous transaction; expert ballistic evidence showed the revolver required deliberate trigger action so the shots were not accidental and the prosecution proved intent; consequently all elements of s.3 FIPA were established and...

Source-derived case information.

Citation
W-05(M)-459-10/2017 (Mahkamah Rayuan)
Parties
Appellant: Fairoz Azman Bin Amironzuki; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
15 January 2019
Case Number
W-05(M)-459-10/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Robbery, Section 3 Firearms (increased Penalties) Act 1971 (fipa), Mens Rea, Accidental Discharge, Mandatory Death Penalty, Prima Facie
Criminal Law Firearms Legislation Constitutional Law Evidence Robbery Section 3 Firearms (increased Penalties) Act 1971 (fipa) Mens Rea Accidental Discharge +2 more

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Parties

Fairoz Azman Bin Amironzuki

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether prosecution proved discharge of firearm and intent during commission of scheduled offence under s.3 FIPA
  2. 2 Whether s.3 FIPA is unconstitutional and violates Article 8 of the Federal Constitution

Ratio Decidendi

On the facts the court found the robbery and the firearm discharges formed a single continuous transaction; expert ballistic evidence showed the revolver required deliberate trigger action so the shots were not accidental and the prosecution proved intent; consequently all elements of s.3 FIPA were established and the mandatory death penalty provision is constitutional, therefore conviction and sentence are affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under Section 3 FIPA and mandatory death sentence confirmed