SYAHADAN BIN OTHMAN SABANG [ ]

SYAHADAN BIN OTHMAN SABANG [ ]

Given the AMDP 2023 which permits judicial discretion, the facts showed a robbery resulting in death without evidence of premeditation or exceptional brutality warranting death; therefore the death sentences were disproportionate and were set aside and substituted with 35 years' imprisonment and 15 strokes of the...

Source-derived case information.

Citation
Q-05(M)-303-08/2023 (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)-303-08/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Sentence at Court of Appeal
Outcome
Appeals on sentence allowed; death sentences set aside and substituted
Legal Topics
Murder (section 300(c)), Common Intention (section 34), Death Penalty, Abolition of Mandatory Death Penalty Act 2023, Sentencing Discretion
Criminal Law Sentencing Penal Code Amendments Forensic Evidence Murder (section 300(c)) Common Intention (section 34) Death Penalty Abolition of Mandatory Death Penalty Act 2023 +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 at Court of Appeal

Legal Issues

  1. 1 Whether death sentence appropriate after AMDP 2023
  2. 2 Whether murder was premeditated
  3. 3 Application of common intention doctrine to sentencing

Ratio Decidendi

Given the AMDP 2023 which permits judicial discretion, the facts showed a robbery resulting in death without evidence of premeditation or exceptional brutality warranting death; therefore the death sentences were disproportionate and were set aside and substituted with 35 years' imprisonment and 15 strokes of the cane for each appellant.

Court Disposition

Appeals on sentence allowed; death sentences set aside and substituted

Orders

  • Death sentences imposed by the High Court set aside
  • Each appellant sentenced to 35 years' imprisonment from date of arrest