Malaysia Case Law

9 May 2024

MOHAMAD IQMAL BIN ZULKIFLI [ ]

Citation

C-05(M)-258-06/2022 (Mahkamah Rayuan)

Court

M

Case number

C-05(M)-258-06/2022 (Mahkamah Rayuan)

The Court exercised the statutory discretion conferred by Act 846 to commute the mandatory death sentences to long terms of imprisonment and caning after weighing seriousness of offence, roles of each appellant, mitigation (youth, first offence, remorse), and public interest; imposed 30 years and 32 years imprisonment respectively with 12 strokes each as proportionate punishment under the Act.

• Murder (section 302 penal code)
• Common intention (section 34 penal code)
• Sentencing under akta pemansuhan hukuman mati mandatori 2023 (act 846)
• Mitigation and aggravating factors
• Principles of proportionality and public interest