HASHMAT KHAN

HASHMAT KHAN

The court accepted the defendant's guilty plea (facilitated by a Pashto interpreter), found the prosecution facts proved thereby, and, applying the amended Section 302 via Section 34 of the Abolition of Mandatory Death Penalty Act 2023, declined to impose death. Considering gravity of the offence weighed against mitigating factors (youth, first offender, remorse, early plea and prospects of rehabilitation), the court imposed the statutory minimum alternative punishment: 30 years imprisonment from arrest (1.10.2021) and 12 strokes of whipping.

Citation
BA-45B-14-06/2023 (Mahkamah Tinggi)
Parties
Accused: Hashmat Khan; Prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 February 2025
Case Number
BA-45B-14-06/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
guilty plea accepted; convicted and sentenced
Legal Topics
Murder, Guilty Plea, Mitigation, Mandatory Death Penalty Amendment
Source Language
Malay/English
Criminal Law Homicide Sentencing Murder Guilty Plea Mitigation Mandatory Death Penalty Amendment

Case Brief

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Parties

Hashmat Khan

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Validity and acceptance of a guilty plea with translation assistance
  2. 2 Whether the death penalty is mandatory after amendment and suitability of alternative sentence
  3. 3 Appropriate length of imprisonment given gravity, mitigating factors and sentencing jurisprudence

Ratio Decidendi

The court accepted the defendant's guilty plea (facilitated by a Pashto interpreter), found the prosecution facts proved thereby, and, applying the amended Section 302 via Section 34 of the Abolition of Mandatory Death Penalty Act 2023, declined to impose death. Considering gravity of the offence weighed against mitigating factors (youth, first offender, remorse, early plea and prospects of rehabilitation), the court imposed the statutory minimum alternative punishment: 30 years imprisonment from arrest (1.10.2021) and 12 strokes of whipping.

Court Disposition

guilty plea accepted; convicted and sentenced

Orders

  • Imprisonment for 30 years from 1 October 2021
  • Twelve strokes of whipping