MOHD MUNAWAR MOHD AZIZAN v Pendakwa Raya

q-05m-175-04-2021 Court of Appeal (Mahkamah Rayuan) 20 October 2024 • Q-05(M)-175-04/2021 • 14 min read
6 cases cited (0 SG, 6 foreign)

Outcome

Based on the abovesaid, we unanimously allowed the Appellant’s appeal against sentence. We set aside the death sentence imposed by the LHCJ. We commuted the said capital punishment to life imprisonment and pursuant to the law in force, we also ordered the Appellant to be whipped.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (q-05m-175-04-2021). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

trafficking charge pleaded guilty claimed trial Cannabis committed offence punishable section 39B(1)(a) Appellant Dangerous Drugs Act 1952 guilty convicted sentenced death by hanging Court of Appeal whole decision not pursue against conviction sentence dismissed/struck out urged indulgence compassion leniency sparing the Appellant death penalty imposed substituting imprisonment whipping amendment discretion punish offender 30 years 40 years 12 Strokes Whipping arrest heinous mandatory exceptional rarest rare previous criminal record clean antecedent warrant second chance change objection commuted stance consent consenting plea bargaining lesser reducing enhancing judicially prohibited conscience defaulting amended act preparatory unanimously set aside substituted evidence buying selling agent provocateur convicted assisted disrupting judicially pronounced soft

Practice Areas

Criminal Law Criminal Procedure

Judges (3)

Ahmad Zaidi bin Ibrahim Delivered Alwi bin Abdul Wahab Coram Mohamed Zaini bin Mazlan Coram

Counsel (5)

Jabatan Peguam Negara Firm Osman Ibrahim Co. Firm Atiqah Abdul Karim @ Husaini Counsel Respondent Fadzillah Binti Mohamed Osman Counsel Appellant Mohd Osman Bin Ibrahim Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Mohd Munawar Mohd Azizan Appellant

Statutes Cited

Abolition of the Mandatory Death Sentence Act 2022 (Cap 846)
Dangerous Drugs Act 1952
s 39B(1)(a)

Cases Cited (6)

MY (6)
[1953] MLJ 19 [1980] 2 MLJ 13 [1981] 1 MLJ 315 [1982] 1 MLJ 27 [2020] MLJU 1823 [2024] MLRA 266

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (q-05m-175-04-2021)