JEEJI TING KIM LEONG [ ]

JEEJI TING KIM LEONG [ ]

Under the Abolition of Mandatory Death Penalty Act 2023 the court exercised its newly conferred discretion and held that the facts did not constitute an ‘extreme’ case warranting death; the High Court’s imposition of death was therefore set aside and substituted with a determinate prison term (35 years) and 15 strokes of the cane, to run from date of arrest.

Citation
Q-05(M)-302-08/2023 (Mahkamah Rayuan)
Parties
Appellant: Jeeji Ting Kim Leong; Appellant: Syahadan bin Othman Sabang; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
21 October 2024
Case Number
Q-05(M)-302-08/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Sentence (review of High Court Sentence)
Outcome
Appeals on sentence allowed; death sentences set aside and substituted with 35 years imprisonment and 15 strokes of the cane for each appellant, to run from date of arrest.
Legal Topics
Murder, Death Penalty, Abolition of Mandatory Death Penalty Act 2023, Common Intention, Section 300(c), Section 34
Source Language
Malay/English
Criminal Law Sentencing Penal Code Murder Death Penalty Abolition of Mandatory Death Penalty Act 2023 Common Intention Section 300(c) +1 more

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Parties

Jeeji Ting Kim Leong

Appellant

Syahadan bin Othman Sabang

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (review of High Court Sentence)

Legal Issues

  1. 1 Whether the death penalty remains appropriate after the Abolition of Mandatory Death Penalty Act 2023
  2. 2 Whether the High Court erred in sentencing and whether intervention on appeal is warranted
  3. 3 Whether the murder was premeditated or occurred incidentally during a robbery

Ratio Decidendi

Under the Abolition of Mandatory Death Penalty Act 2023 the court exercised its newly conferred discretion and held that the facts did not constitute an ‘extreme’ case warranting death; the High Court’s imposition of death was therefore set aside and substituted with a determinate prison term (35 years) and 15 strokes of the cane, to run from date of arrest.

Court Disposition

Appeals on sentence allowed; death sentences set aside and substituted with 35 years imprisonment and 15 strokes of the cane for each appellant, to run from date of arrest.

Orders

  • Death sentences imposed by the High Court are set aside for both appellants.
  • Each appellant is sentenced to 35 years imprisonment effective from the date of arrest.