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  1. #41
    Senior Member CnCP Legend Mike's Avatar
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    Surprise Surprise another country that has mandatory laws and rarely executes people is doing away with the death penalty.

  2. #42
    Senior Member CnCP Legend Mike's Avatar
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    Inmates to serve full 30 years if death sentence commuted

    The Star Online

    KUALA LUMPUR: Death row inmates, whose death sentence is commuted to 30 years' life imprisonment with the proposed abolishment of the death sentence, will have to serve the full jail term, says Minister in the Prime Minister's Department Datuk Liew Vui Keong.

    "There will be no retrospective effect for those serving their sentences, if it has been commuted to 30 years' life imprisonment.

    "Their jail term will run from the date the pardons board commutes their death sentences to life imprisonment," he said when answering a supplementary question by Kasthuriraani Patto (PH-Batu Kawan) during Minister's Question Time in Dewan Rakyat on Tuesday (Oct 16).

    Besides the 30-year life imprisonment sentence, he said that there would be instances where inmates will end up spending the rest of their natural life behind bars.

    To a question by Datuk Seri Dr Wee Ka Siong (BN-Ayer Hitam) who opined that the decision was hasty, Liew said a study titled "Death Penalty in Malaysia and the Way Forward" was carried out by the Attorney General's Chambers.

    He said the study took several factors into consideration and recommended that the death penalty in Malaysia be abolished altogether.

    He added the study noted there was no prove to show that the death penalty served as an effective deterrent.

    He said the study also found that there was a risk of an innocent suspect being sent to the gallows due to a wrongful conviction.

    "There are instances where those accused of murder were convicted based on false testimony from the key witnesses.

    "Although the conviction may be set aside due to false testimony, the fact is that the conviction could have led to the death penalty," he said.

    Liew reiterated the government's commitment to abolish the death penalty, which was in line with Point 27 of Pakatan Harapan's manifesto to do away with cruel and oppressive laws.

    At present, Liew said there were 32 laws that carried the death penalty, of which 12 were mandatory sentences.

    There are 1,267 prisoners on death row and about 900 of them were convicted of drug offences, namely trafficking in dangerous drugs or an offence under Section 39B of the Dangerous Drugs Act.

    https://www.thestar.com.my/news/nati...ence-commuted/

  3. #43
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    British woman facing death penalty after husband found stabbed to death in Malaysia

    Samantha Jones, 62, is said to have murdered John William Jones, 62, after an argument on Wednesday on the tropical island of Langkawi. Police say the couple had lived there for 11 years and the suspect will be sentenced to death by hanging if she is found guilty.

    ‘The couple were believed to have engaged in an argument. ‘The wife then took a knife from the kitchen and stabbed her husband in the chest,’ police chief Mohamad Iqbal Ibrahim said. A 12-inch knife was found on the floor of the couple’s bedroom covered in blood, it is alleged.

    The wife was arrested soon after the gruesome discovery. Murder carries a mandatory death sentence in Malaysia. The government recently pledged to abolish the death penalty for all crimes but lawmakers still have to approve the changes.

    https://metro.co.uk/2018/10/18/briti...8/?ito=cbshare
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  4. #44
    Administrator Heidi's Avatar
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    UK woman could face death penalty after husband murdered in Malaysia



    A British woman has been charged with murdering her husband after he was found stabbed to death at their home on the Malaysian resort island of Langkawi.

    Police found a blood-stained kitchen knife in the home 51-year-old Samantha Jones shared with John William Jones, 62.

    Mr Jones was found dead on October 18 with a stab wound to his chest.

    Jones' lawyer Sangeet Kaur Deo said: "She is very, very overwhelmed. It is her husband at the end of the day. She is also grieving for him despite the circumstances of the case, but she is holding up."

    Police earlier said Jones confessed to stabbing her husband in the chest during a heated argument.

    The couple moved to the tropical island 11 years ago under the Malaysia My Second Home scheme, which gives foreigners long-stay visas.

    Ms Kaur said Jones did not enter a plea as the magistrates' court has no jurisdiction to hear a murder case. The case is expected to be transferred to the high court.

    The next court hearing is on November 29 where prosecutors are expected to provide the defence with the post-mortem, forensic and other related reports, Ms Kaur added.

    Murder carries a mandatory death sentence by hanging in Malaysia, but the government plans to abolish the death penalty for all crimes.

    All executions are being put on hold pending changes to the law.

    https://www.coventrytelegraph.net/ne...nalty-15349537
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  5. #45
    Moderator Ryan's Avatar
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    Death penalty might not be completely abolished

    The death penalty for drug-related offences might be abolished while judges could be given the discretion to impose the death penalty for certain crimes.

    This is one of the options being considered by the government, De Facto Law Minister Liew Vui Keong told The Malaysian Insight.

    The options are firstly the total abolition of the death penalty.

    Secondly to abolish the death penalty for drug-related offences, while allowing judges more discretion to impose the death penalty for certain crimes, such as murder.

    Thirdly, there is no abolition, but only more discretion given to judges over the imposition of the death penalty.

    He said the government will keep its word that the death penalty would no longer be mandatory for crimes stipulated under eight laws.

    “These scenarios are all still under consideration at the moment,” said Liew, adding that the ministry has engaged various stakeholders on the issue.

    Liew had said last month that the cabinet will make a decision on the tabling in Parliament of the proposal to abolish the death penalty before the Dewan Rakyat convenes.

    In the case of drug-related convictions, the minister in the prime minister’s department said that judges may be required to find four conditions to reduce a sentence from death to life imprisonment.

    The conditions are there was no evidence of buying and selling of a dangerous drug at the time when the person convicted was arrested, no involvement of agent provocateurs; the person convicted is restricted to transporting, carrying, sending or delivering a dangerous drug; the person convicted has assisted an enforcement agency to disrupt drug-trafficking activities within or outside Malaysia.

    The public prosecutor must issue a certificate declaring that the convict had cooperated with authorities.

    Liew highlighted that the fallibility of court decisions was a factor in his seeking the death penalty abolition.

    Saying that the feelings of victims’ family members were also a strong factor, he added that error of judgment could lead to innocent people being sent to the gallows.

    He cited instances in the American judicial system where convicts were set free after DNA evidence exonerated them of capital crimes, such as murder

    Liew said currently there are 1,281 death-row inmates including 923 drug traffickers.

    "Some of them are just mules. They are not really the syndicate members, and yet they are on death row," he said.

    He said a person on the death row has to write his appeals for at least 10 years before the execution order is signed by the Agong or the Tuanku of the respective state.

    "It would take years. He would suffer. He would have nightmares and he would have a difficult life inside because he has lost all his freedom.

    “Even when it comes to food, they are served with boneless chicken and boneless fish. Why are they served with boneless chicken? Because they might use a bone to make a weapon or perhaps kill themselves with it.”

    He said all these factors must be taken into consideration when a decision is made on the abolition of the death penalty.

    Last October, Liew stated that the death penalty was going to be abolished, but the government's decision provoked an emotional response.

    https://www.malaysiakini.com/news/467065
    "How do you get drunk on death row?" - Werner Herzog

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  6. #46
    Moderator Ryan's Avatar
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    Mom, boyfriend to hang for son's murder

    GEORGE TOWN: The High Court here today sentenced a homemaker and her boyfriend to death by hanging over the murder of her five-year-old son, six years ago, at the end of the defence's case.

    In his judgment, Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh said the prosecution had succeeded in proving the case beyond reasonable doubt against R. Saravanan, 30, and T. Gayathry, 36.

    "It is the duty of this court, at the conclusion of the trial, to determine whether the prosecution had succeeded in proving the case beyond reasonable doubt against both the accused's defence.

    "In considering all the evidence brought before the court, the court finds that the prosecution has succeeded in proving the case beyond reasonable doubt against both the accused's defence.

    "Both the accused are charged with murder, which carries the death penalty upon conviction. This court has to pass sentence according to the law. As such, this court sentences both of you to death," he said in passing down the sentence of death by hanging to the both of them.

    Both accused, who were standing in the dock, appeared calm but Gayathry was later seen wiping her eyes with a towel.

    Both the accused were jointly charged with the murder of S. Kaviarasan at a house in Taman Keladi in Kulim, Kedah, between 8am on September 20, 2014 and 4.05pm on September 27, 2014.

    They were charged under Section 302 of the Penal Code, which carries the mandatory death penalty upon conviction.

    The boy's body was later found wrapped in a blanket and dumped at an oil palm estate in Bukit Tengah, Butterworth on September 29, 2014.

    Ahmad Shahrir, in providing grounds for his judgment, said as far as the first accused, Saravanan, was concerned, the alibi provided that he was not at the scene of the crime was inadmissible as the witness statement did not fall under the Criminal Procedure Code (CPC).

    As for the second accused, Ahmad Shahrir asked why did she, as the biological mother of the boy, not cry for help or relate the actual story to the police when she had the chance to do so.

    "It is not probable circumstances. Any mother would have sprung into action even if it means creating danger for herself.

    "The fact that she was able to clean the blood on the bathroom floor after the child was brutally killed, no reasonable person would do that, but she did.

    "She was left alone for four hours after the first accused bundled up the child and left the home. She did not call the police for help or any 'Ah Kau' or 'Samy' for that matter. That is not probable," he said.

    Ahmad Shahrir added that when the second accused went to the police station alone to report about her child, without the first accused in sight, she did not relate what really happened to the police.

    "This makes her complicit in the murder," he pointed out.

    In mitigation, Saravanan's counsel, V. Parthipan, pleaded to the court to consider that this was his client's first crime.

    Gayathry's counsel, Gabriel Susayan, told the court that her client had been a victim of domestic abuse at the hands of her husband, where she was in the process of filing for divorce, at the time of the incident.

    He said she then sought protection from the first accused, who was a friend of her husband, and they stayed in Kulim together with her son.

    "All her life, she has been facing many challenges but she loved her son dearly.

    "What happened would be a black episode in her life. She would never be able to forgive herself for what had happened.

    "While we accept the court's decision, I also want the court to know that my client is really, really sad and remorseful for the turn of events in her life," he added.

    Deputy Public Prosecutor Yasinnisa Begam Seeni Mohideen said the case was an extraordinary one, where the second accused was the biological mother of the deceased.

    She also told the court how the boy's body was only found after several days of his murder, and that the action of both accused in murdering and throwing away the boy's body was inhumane.

    "The deceased was only five-years-old. He was an innocent child. He was entrusted to the second accused.

    "As such, both the accused's action should be punished accordingly. Although the punishment will not bring the dead boy back to life, it serves as a reminder to society not to do the same," she added.

    Both Parthipan and Gabriel told newsmen outside the court that they would appeal the death sentence.

    It was reported that Gayathry had lodged a police report in Kulim, claiming that her son had disappeared near the Esplanade here on September 23, 2014.

    She later confessed that she had lashed the boy with a belt as he was naughty and had refused to study.

    She had claimed during interrogation at the Bayan Baru police lockup that the boy died abut 4.30pm on September 20, 2014.

    The cause of death, according to the pathologist's report, was blunt force trauma to the head.

    https://www.nst.com.my/news/crime-co...ng-sons-murder
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  7. #47
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    Federal Court upholds death sentence of former sawmill worker for murder, rape of nurse

    A former sawmill worker who raped a nurse after slashing the woman on the neck will be hanged for her death, having failed in his last attempt to set aside the death sentence, after the Federal Court here dismissed his appeal Thursday (Oct 7).

    A 3-member panel of the Federal Court, led by the Court of Appeal president Tan Sri Rohana Yusuf, unanimously dismissed 27-year-old Mohammad Awari Ahmad’s appeal against the death sentence meted out by the Kota Baru High Court after finding him guilty of murdering the wife of an auxiliary policeman.

    Sitting with Rohana were judges Datuk Vernon Ong Lam Kiat and Datuk Seri Hasnah Mohammed Hashim.

    Earlier, deputy public prosecutor Datuk Nazran Mohd Sham requested the court to dismiss the appeal and maintain the death sentence meted to Awari for his heinous act, which was watched by the victim’s 5-year-old son.

    "The acts by the appellant were brutal, aggressive and vicious. After slashing her neck, the appellant raped her, while she was bleeding from the wound.

    "The victim sustained 11 injuries to the neck and hands. In this case, the appellant used a machete to slash the right and left side of the victim’s neck. This clearly showed that the appellant had intention to kill, ” he said.

    After slashing and raping the victim, Nazran said Awari had stolen RM200 and a mobile phone belonging to the 25-year-old victim and gone to "celebrate” by drinking seven bottles of liquor at a restaurant.

    According to evidence in the case, the victim’s husband returned home from work at 2am on March 1,2015, and saw his wife, who was naked, covered with a blanket on the road in front of their house and then rushed to his father’s house nearby to seek help.

    He then found his three children, then aged 6 months, 3 years and 5 years old, on a blood-soaked mattress in the house.

    The woman was sent to Gua Musang Hospital and died at 6.40am the same day. Before her death, she was able to write a note stating the identity of the person who raped, slashed and robbed her.

    Awari, in his defence, said the victim woke up and was shocked to find him in the room after he had broken into the house to steal.

    Earlier, his lawyer, Ahmad Nizam Mohamed, said his client had no intention to kill and that he should be punished for culpable homicide not amounting to murder.

    Rohana, when handing down the decision, said after studying the record of appeal and grounds of judgment by the High Court judge and affirmed by the Court of Appeal, the court is satisfied that there was no error made by both courts.

    She said the High Court judge had studied the evidence of the case and decided on the element of intent that was established by the prosecution.

    She also said the supporting evidence, such as by eyewitnesses, showed that the evidence in the appeal record on the accused's action was very strong.

    "We find there is no reason that can make us change the decision of the two courts. With this, we find the conviction of the appellant safe. On these grounds, we dismiss the appeal by the appellant and affirm the conviction and sentence, ” she added.

    Mohammad Awari, who looked calm after the decision was handed down, was also convicted by the High Court of raping the woman and sentenced to 18 years' jail and 12 strokes of the cane.

    However, today’s proceeding was on the appeal for the death sentence.

    He was charged with murdering and raping the woman between 12.20am and 2am in a house in Kampung Batu Papan, Gua Musang, Kelantan, on March 1,2015.

    (source: thestar.com.my)
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  8. #48
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    Lorry driver to hang for trafficking RM22mil worth of drugs

    The Star

    KUALA TERENGGANU (Bernama): The High Court here sentenced a lorry driver to death by hanging after he was found guilty of distributing methamphetamine worth RM22mil four years ago.

    Judge Datuk Abdul Wahab Mohamed meted out the sentence on Wednesday (Feb 24) against Mohammad Ishak Ramli, 37, after the defence failed to raise reasonable doubt on the charge.

    However, another accused, Nur Muhammad Izzudin Nordin, 29, the co-driver was released and freed of the same charge.

    Mohammad Ishak and Nur Muhammad were charged with distributing methamphetamine weighing 203.9467kg in the cargo space of a trailer that was parked by a house in Bukit Payong, Marang, at 11pm, Sept 25,2017.

    During the judgment, Abdul Wahab said Mohammad Ishak's defence was merely a denial and the judge agreed with the prosecution who argued that the accused cannot "turn a blind eye" as the drugs were in an unzipped and unlocked luggage.

    He added that the accused also did not make an effort to ensure that the goods he was transporting were really Siamese rice and failed to prove that he was an innocent carrier because he could have inspected them, noting that there were 11 other gunnysacks, all containing drugs.

    Both of the accused were charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which carries the death penalty.

    Deputy public prosecutors Ahmad Fadhli Mahmud and Amer Abu Bakar Abdullah prosecuted the case while Mohammad Ishak was represented by lawyer Datuk Sukri Mohamed and Nur Muhammad by Mazlan Md Zain. - Bernama

    https://www.thestar.com.my/news/nati...worth-of-drugs

  9. #49
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    February 24, 2021

    In Sarawak, labourer to hang for nephew’s murder after losing appeal in Federal Court

    malaymail.com

    KUCHING — A labourer who was convicted for the murder of his nephew on Gawai Dayak eve five years ago has failed in a bid to overturn the death penalty.

    Federal Court Judges Tan Sri Tengku Maimun Tuan Mat, who is also Chief Justice of Malaysia, Datuk Abdul Rahman Sebli and Datuk Harmindar Singh Dhaliwal today upheld the conviction and sentence against Bawa Rakip, 58, as the appeal had no merit.

    The apex court also found no technical error in the decision of the Court of Appeal on February 18, 2019, when it upheld the judgement of the High Court on November 6, 2017, that the appellant, had murdered Sasok Bayur, 53.

    The proceedings today were held via the internet.

    Bawa had killed Sasok at 12.30am on June 1, 2016, in front of a house at Kampung Plaman Dunuk, Jalan Link Padawan-Tebedu here.

    According to the brief facts of the case, the appellant appeared at the scene during the Gawai Dayak countdown celebration and accused the nephew of disturbing his wife before slashing his neck with a machete.

    This was committed in front of an eyewitness who also testified in court that villagers had to help to apprehend the appellant when he tried to commit another round of attack on the nephew.

    Fifteen witnesses were called during the trial.

    Subsquently he was convicted of murder an offence under Section 302 of the Penal Code that carries the death penalty, upon conviction.

    DPP Datuk Mohd Dusuki Mokhtar and DPP Muhammad Azmi Mashud prosecuted in the case, while counsels Abdul Rahman Mohd Hazmi and Christopher Bada represented Bawa. — Borneo Post Online

    https://www.malaymail.com/news/malay...-feder/1952532

  10. #50
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    Couple sentenced to death for murdering son

    SHAH ALAM (Bernama): A married couple was sent to the gallows by the High Court here after they were found guilty of murdering their eight-year-old son at a centre where they worked, four years ago.

    Judge Noorin Badaruddin handed down the sentence on Aaron Teoh Eng Wan, 37, and his wife, En Sit Mooi, 40, after finding that the prosecution had succeeded in proving the case beyond a reasonable doubt.

    "There was overwhelming evidence that the couple had committed murder and the prosecution has brought forward a case that is beyond a reasonable doubt,” said the judge.

    The couple looked stunned upon hearing the sentence before they broke down into tears in the dock.

    Aaron and En were charged with murdering Adrian Teoh Wai Kit, the eldest of their two children, at a premises in Regalia Business Centre, Subang Jaya between 2pm and 3.30pm on May 26,2017.

    The charge was framed under Section 302 of the Penal Code read together with Section 34 of the same Code, which provides for the mandatory death penalty if found guilty.

    Aaron and En were also sentenced to eight years in jail from the date they were arrested on May 26, 2017, for another charge of abuse, resulting in injuries to the victim at the same location, time and date.

    For this offence, they were charged under Section 31(1)(a) of the Child Act 2001 read together with Section 31(5) of the same Act, which is punishable under Section 31(1).

    Earlier, lawyers Tan Teck Yew and Tina Ong, who represented both the accused, told the court that the victim’s grandmother and aunt should be called to testify as the victim had been under their care.

    This is to ascertain whether the boy’s injuries may have been caused by someone other than his parents.

    However, Justice Noorin said the results from the pathology laboratory confirmed that old injuries, where there were traces of rib fractures, and new injuries which caused the victim’s death, were sufficient.

    The prosecution presented 28 witnesses to the stand while the defence team presented two witnesses, namely the husband and wife who chose to testify under oath on the witness stand, throughout the trial, which started in July 2019.

    In her opening remarks during the trial, deputy public prosecutor Siti Fatimah Yahya told the court that the victim was allegedly beaten by his parents using a cane and a stick.

    The pathologist’s testimony revealed that the cause of the boy’s death was due to extensive subcutaneous and muscle haemorrhage due to multiple blunt force trauma.

    The testimony of other prosecution witnesses such as the chemist also confirmed that there was DNA belonging to Aaron and the victim on a cane found at the scene, and the CCTV recording at the premises showed En dragging the victim, who was weak and feeble, several times.

    The couple were first charged at the Petaling Jaya Magistrate's Court on June 5, 2017. - Bernama

    https://www.thestar.com.my/news/nati...-murdering-son
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