The Abolition of Mandatory Death Penalty Act 2023, which came into effect on Mar 16, 2023, stipulates that the penalties for murder include either the death sentence or imprisonment of not less than 30 years and not more than 40 years, along with no fewer than 12 strokes of the cane. In a recent case involving six accused individuals, the Court of Appeal judges, including Judge Mohamed Zaini Mazlan and Judge Azmi Ariffin, unanimously decided that only one sentence was appropriate, despite the new sentencing options available.
The Court of Appeal judges listed nine factors that contributed to the heavy penalty against the six accused. These factors included the innocence of the victim, Mr Zulfarhan, as well as the cruel actions of the accused, who had bound the victim’s hands and legs before pressing a hot iron on his body, continuing despite his cries of pain. Additionally, the judges noted the presence of 90 burn marks on Mr Zulfarhan’s body, the efforts made to hide him from teachers and medical personnel, and the failure to seek medical attention despite advice from a doctor.
The High Court had previously decided to convict the six accused of the lesser charge of culpable homicide, citing the need to identify the most serious injury to demonstrate intent to cause death for a murder conviction. The High Court believed that it had not been proven beyond a reasonable doubt which injury caused Mr Zulfarhan’s death or that his injuries were sufficient to cause death. However, the Court of Appeal overturned this decision, stating that the prosecution only needed to prove intent to cause bodily injury.
The Court of Appeal found that the prosecution had proven all four elements of the murder charge against five of the six accused. Their actions, involving the infliction of severe burns on Mr Zulfarhan, were deemed ordinarily sufficient to cause death. The sixth accused, Abdoul Hakeem Mohd Ali, who was charged with abetting Mr Zulfarhan’s death, was also found guilty of murder despite not physically inflicting the burns. The Court of Appeal determined that Abdoul Hakeem Mohd Ali’s instructions to the other accused to commit the crime made him equally culpable.
The Court of Appeal’s decision reflects a strict interpretation of the law and a commitment to ensuring accountability for heinous crimes such as murder. In this case, the judges upheld the justice system’s principles by holding the accused accountable for their actions, even in the absence of direct physical involvement in the victim’s death. The decision sends a strong message about the consequences of participating in violent and criminal acts, particularly those leading to the loss of life.
Overall, the Court of Appeal’s ruling in this case underscores the importance of rigorous judicial review and adherence to legal standards in delivering justice. By clarifying the requirements for proving intent in murder cases and holding all parties involved accountable for their contributions to a crime, the court sets a precedent for upholding the rule of law and ensuring that justice is served. The decision serves as a reminder that there are serious consequences for criminal actions and reinforces the commitment to upholding the rights and dignity of victims of violent crimes.
