21 Oct 2024
MOHD MUNAWAR MOHD AZIZAN [ ]
- Citation
- Q-05(M)-175-04/2021 (Mahkamah Rayuan)
- Court
- M
- Case number
- Q-05(M)-175-04/2021 (Mahkamah Rayuan)
The Court allowed the appeal on sentence, set aside the death sentence and substituted it with thirty years' imprisonment effective from 09.10.2018 and twelve strokes of whipping because the amended law (Act 846 and s39B) confers sentencing discretion, the prosecution failed to prove this was an exceptional case warranting death, and mitigating factors (cannabis as a soft drug, comparatively small quantity, first offender and prospects of reform) supported commutation.