Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Death penalty vs life imprisonment

Legal area

Court

11 Jan 2024

[TIMBALAN ] ZOWIE CHOONG KIM LIANG

Citation

BA-45A-6-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-6-02/2021 (Mahkamah Tinggi)

Court held the guilty pleas were validly entered with proper translation and legal representation; after weighing mitigation (mental illness, early plea, cooperation, family support) against aggravating factors (multiple and large-quantity trafficking offences and public interest in deterrence), the appropriate sentence for trafficking counts is life imprisonment and 12 strokes and for possession counts three years' imprisonment, all sentences to run concurrently from date of arrest.
8 Jan 2020

1. ) QUI JIERU 2. ) PUBLIC PROSECUTOR 1. ) PUBLIC PROSECUTOR 2. ) QUI JIERU

Citation

B-05(SH)-33-01/2019 & B-05(H)-620-12/2018 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-33-01/2019 & B-05(H)-620-12/2018 (Mahkamah Rayuan)

Court affirmed conviction because appellant was willfully blind and failed to rebut statutory presumption of possession under s.37(d); her purported Alcontara notice lacked sufficient particulars and did not trigger investigative obligations; trial judge did not apply double presumptions; s.39B(2A)(d) was not satisfied so life sentence was inappropriate and substituted with death penalty.