Mahathir Bin Usman [ ]

Mahathir Bin Usman [ ]

Conviction was affirmed on evidence and statutory presumption; pursuant to the Abolition of Mandatory Death Penalty Act 2023 which vests sentencing discretion, and with the prosecution's agreement, the Court set aside the death sentence and substituted it with life imprisonment for thirty years from date of arrest and twelve strokes of whipping based on the totality of evidence, sentencing factors pleaded and statutory framework.

Citation
S-05(M)-508-12/2021 (Mahkamah Rayuan)
Parties
Appellant: Mahathir Bin Usman; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
S-05(M)-508-12/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Sentence (post Conviction)
Outcome
Conviction affirmed; sentence substituted
Legal Topics
Death Penalty, Life Imprisonment, Abolition of Mandatory Death Penalty, Whipping as Corporal Punishment, Statutory Presumption of Trafficking
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Law Death Penalty Life Imprisonment Abolition of Mandatory Death Penalty Whipping as Corporal Punishment Statutory Presumption of Trafficking

Case Brief

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Parties

Mahathir Bin Usman

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (post Conviction)

Legal Issues

  1. 1 Whether the death sentence should be substituted with life imprisonment and whipping
  2. 2 Whether the appellant rebutted the statutory presumption of trafficking under the DDA
  3. 3 Appropriate quantum of imprisonment and number of strokes in substitution

Ratio Decidendi

Conviction was affirmed on evidence and statutory presumption; pursuant to the Abolition of Mandatory Death Penalty Act 2023 which vests sentencing discretion, and with the prosecution's agreement, the Court set aside the death sentence and substituted it with life imprisonment for thirty years from date of arrest and twelve strokes of whipping based on the totality of evidence, sentencing factors pleaded and statutory framework.

Court Disposition

Conviction affirmed; sentence substituted

Orders

  • Appeal allowed in respect of sentence only
  • Death sentence set aside