The Court of Appeal of Malaysia today commuted the death sentence imposed on a young man convicted of murdering and burning his pregnant girlfriend in Sabak Bernam three years ago, replacing it with 40 years’ imprisonment and 12 strokes of the cane.
The unanimous decision was delivered by a three-member panel led by Azman Abdullah after allowing the appeal by Muhammad Fakrul Aiman Sajali, 23.
Justice Azman said the court took into consideration the appellant’s young age at the time of the offence, as he was only 20 years old, as well as the sentencing options available under Malaysia’s law abolishing the mandatory death penalty.
“The court sets aside the death sentence imposed by the High Court and replaces it with 40 years’ imprisonment from the date of arrest and 12 strokes of the cane,” he said.
The other judges on the panel were Ahmad Kamal Md Shahid and Mohd Radzi Harun.
Under the revised law, judges now have discretion to impose either the death penalty or imprisonment ranging from 30 to 40 years for certain offences.
Male offenders below the age of 50 who are spared the death penalty are also subject to a minimum of 12 strokes of the cane.
Earlier, defence counsel Muhammad Nor Tamrin argued that the High Court had erred by imposing an excessively harsh sentence, noting that the appellant had pleaded guilty before the trial began and was only 20 years and four months old during the incident.
However, deputy public prosecutor Abdul Malik Ayob maintained that the original punishment handed down by the Klang High Court was appropriate considering the brutality of the crime.
On Oct 15 last year, Muhammad Fakrul Aiman was sentenced to death by the Klang High Court after pleading guilty to murdering his pregnant girlfriend.
