Mohammad Firdaus Bin Ismail [ ]

Mohammad Firdaus Bin Ismail [ ]

Under the amended section 302 (Akta 846) the Court exercised statutory discretion: prosecution failed to demonstrate that this murder was of the exceptionally depraved character required to justify death; balancing aggravating and mitigating factors the Court substituted the mandatory death sentence with the maximum alternative of 40 years' imprisonment and 12 strokes, with conviction affirmed.

Citation
P-05(M)-206-05/2022 (Mahkamah Rayuan)
Parties
Appellant: Mohammad Firdaus Bin Ismail; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
26 August 2024
Case Number
P-05(M)-206-05/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Against Sentence (court of Appeal)
Outcome
Conviction affirmed; appeal against sentence allowed in part and sentence varied
Legal Topics
Murder (section 302 Penal Code), Mandatory Death Penalty Abolition, Discretionary Sentencing, Mitigating and Aggravating Factors, DNA Evidence
Source Language
Malay/English
Criminal Law Sentencing Homicide Forensic Evidence Murder (section 302 Penal Code) Mandatory Death Penalty Abolition Discretionary Sentencing Mitigating and Aggravating Factors +1 more

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Parties

Mohammad Firdaus Bin Ismail

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (court of Appeal)

Legal Issues

  1. 1 Whether the mandatory death sentence under section 302 should be replaced with imprisonment
  2. 2 If death sentence is replaced, what is the appropriate term of imprisonment

Ratio Decidendi

Under the amended section 302 (Akta 846) the Court exercised statutory discretion: prosecution failed to demonstrate that this murder was of the exceptionally depraved character required to justify death; balancing aggravating and mitigating factors the Court substituted the mandatory death sentence with the maximum alternative of 40 years' imprisonment and 12 strokes, with conviction affirmed.

Court Disposition

Conviction affirmed; appeal against sentence allowed in part and sentence varied

Orders

  • Appeal against conviction dismissed
  • Original death sentence set aside