Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Royal pardon (prerogative of mercy)
  • 12 Nov 2025

    PHRUEKSA TAEMCHIM

    Citation
    05(RJ)-7-11/2024(W) (Mahkamah Persekutuan)
    Court
    RJ
    Case number
    05(RJ)-7-11/2024(W) (Mahkamah Persekutuan)

    The Federal Court held that while Act 847 confers a temporary statutory jurisdiction to review certain death sentences and life imprisonment sentences, persons who had been granted royal pardons under Article 42 prior to the commencement of Act 847 are no longer within the statutory category of ‘any person who has been sentenced to death’ under s 3(1) and thus cannot invoke s 2 review of death sentences; decisions of the Pardons Board under Article 42 are non‑justiciable and courts lack jurisdiction to vary them. Consequently the Attorney General’s Rule 137 review was allowed and the Federal…