HASHMAT KHAN

HASHMAT KHAN

The Court held that, given the statutory amendment providing an alternative to death and having regard to mitigating factors (young age, guilty plea, first offender) and public interest, the minimum alternative sentence of 30 years imprisonment from date of arrest and 12 strokes was appropriate and not to be disturbed; the appeal against sentence was dismissed.

Citation
B-05(SH)-88-02/2025 (Mahkamah Rayuan)
Parties
Appellant: Hashmat Khan; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
23 October 2025
Case Number
B-05(SH)-88-02/2025 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Sentence From High Court Conviction and Sentence
Outcome
Appeal dismissed; sentence confirmed
Legal Topics
Murder, Sentence, Mandatory Death Penalty Abolition, Mitigation, Plea of Guilty
Source Language
Malay/English
Criminal Law Penal Code Murder Sentence Mandatory Death Penalty Abolition Mitigation Plea of Guilty

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hashmat Khan

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether the alternative statutory sentence under amended s302 is applicable and appropriate
  2. 2 Whether the 30 years imprisonment and 12 strokes sentence is manifestly excessive
  3. 3 Weight to be accorded to mitigating factors including guilty plea, youth and first‑offender status

Ratio Decidendi

The Court held that, given the statutory amendment providing an alternative to death and having regard to mitigating factors (young age, guilty plea, first offender) and public interest, the minimum alternative sentence of 30 years imprisonment from date of arrest and 12 strokes was appropriate and not to be disturbed; the appeal against sentence was dismissed.

Court Disposition

Appeal dismissed; sentence confirmed

Orders

  • Appeal against sentence dismissed.
  • Sentence of imprisonment for thirty (30) years to run from date of arrest (1 October 2021) and twelve (12) strokes confirmed.