MOHAMMAD SOHFFIAN BIN ABU HASSAN [ ]

MOHAMMAD SOHFFIAN BIN ABU HASSAN [ ]

Given the discretion under Act 846 and the presence of significant mitigating factors (marital relationship and serious marital problems), the case did not amount to the worst kind warranting death; therefore the death sentence was substituted with 33 years' imprisonment from date of arrest and 12 strokes of whipping.

Citation
Q-06A(M)-5-06/2021 (Mahkamah Rayuan)
Parties
Appellant: Mohammad Sohffian bin Abu Hassan; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
5 February 2024
Case Number
Q-06A(M)-5-06/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Appeal Against Sentence at Court of Appeal (conviction Appeal Retracted)
Outcome
Death sentence substituted with 33 years' imprisonment and 12 strokes of whipping.
Legal Topics
Murder, Sentencing, Death Penalty, Mitigating and Aggravating Factors, Abolition of Mandatory Death Penalty Act 2023, Corporal Punishment
Source Language
Malay/English
Criminal Law Penal Code Sentencing Murder Death Penalty Mitigating and Aggravating Factors Abolition of Mandatory Death Penalty Act 2023 Corporal Punishment

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

Parties

Mohammad Sohffian bin Abu Hassan

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (murder) / Appeal Against Sentence at Court of Appeal (conviction Appeal Retracted)

Legal Issues

  1. 1 Whether the death sentence is appropriate following the Abolition of Mandatory Death Penalty Act 2023
  2. 2 Whether mitigating factors (marital relationship and serious marital problems) justify substituting the death sentence with imprisonment and whipping
  3. 3 Appropriate quantum of imprisonment and number of strokes under Act 846

Ratio Decidendi

Given the discretion under Act 846 and the presence of significant mitigating factors (marital relationship and serious marital problems), the case did not amount to the worst kind warranting death; therefore the death sentence was substituted with 33 years' imprisonment from date of arrest and 12 strokes of whipping.

Court Disposition

Death sentence substituted with 33 years' imprisonment and 12 strokes of whipping.

Orders

  • Sentence of death set aside and substituted with 33 years' imprisonment to run from date of arrest.
  • Twelve strokes of whipping to be imposed.