Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Death penalty abolition
  • 4 Jan 2024

    AUNG ZAW WIN

    Citation
    JA-45B-6-09/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-45B-6-09/2020 (Mahkamah Tinggi)

    The court exercised the discretion granted by Act 846 to impose an alternative to death: the accused was convicted of murder under s.302 but the offence was not premeditated or exceptionally aggravated; mitigating factors (remorse, no prior convictions, relationship with deceased, spontaneous nature of assault) outweighed aggravation; therefore a custodial sentence of 30 years and 12 strokes was appropriate instead of the death penalty.