PENDAKWA RAYA Pendakwa Raya TERTUDUH AUNG ZAW WIN

ja-45b-6-09-2020 High Court (Mahkamah Tinggi) 3 January 2024 • JA-45B-6-09/2020 • 8 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

The accused was convicted and sentenced under s.302 PC with 30 years of imprisonment and 12 strokes - Prosecution appealed against sentence - Pursuant to Abolition of Mandatory Death Penalty Act 2023 Court was given the discretion to consider alternative punishment - Remorse after awakening from his criminal act is a valid consideration in giving the accused a second chance at life - not premeditated or aggravated murder and not in the category of heinous act of violence - sentences passed was appropriate and in accordance with the law

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (4)

Pejabat Penasihat Undang-Undang Negeri Johor Firm Sahrihan & Hamdan Firm Mohamad Nasrudin bin Mohamed Counsel Prosecution Salmi Hamdan bin Sabran Counsel Accused

Parties (2)

Pendakwa Raya Prosecutor Aung Zaw Win Accused

Statutes Cited

Penal Code (Cap 574)

Cases Cited (2)

MY (2)

[1982] CLJ 606 [2023] 9 CLJ 625

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-45b-6-09-2020)