AL AMIN v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

w-05h-566-12-2024 Court of Appeal (Mahkamah Rayuan) 10 April 2025 • W-05(H)-566-12/2024 • 4 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Criminal Law — Culpable homicide not amounting to murder — Penal Code s.304(a) — Alternative charge offered after representation — Guilty plea — Appellant stabbed deceased (uncle/nephew relationship) during quarrel — Single stab wound to chest — Domestic dispute between migrant workers — Argument escalated — Deceased allegedly the aggressor — Appellant reacted in heat of moment — No intention to kill — Mitigation factors considered (first offender, married with young children, desire to return home). Sentencing — Principles — Public interest — Seriousness of offence — Death occurred — Need for deterrence and protection of the public — Guilty plea acknowledged but limited weight due to gravity of offence — Sentencing trends for s.304(a) PC (18–20 years) — High Court imposed 15 years’ imprisonment — Whether sentence manifestly excessive. Criminal Procedure — Appeal against sentence only — Limited scope of appellate review — Whether trial judge erred in principle or exercised discretion improperly — Whether sentence disproportionate — Appellate court satisfied sentence consistent with sentencing trends — Sentence not excessive — Appeal dismissed.

Practice Areas

Criminal Law Criminal Procedure

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Mohamed Zaini bin Mazlan Delivered Noorin binti Badaruddin Coram

Counsel (1)

Zander Lim Wai Keong Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Al Amin Appellant

Case Significance

AL AMIN v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] is a Court of Appeal (Mahkamah Rayuan) decision dated April 10, 2025 (citation: w-05h-566-12-2024). <p>Al Amin, a Bangladeshi national, pleaded guilty to culpable homicide not amounting to murder under section 304(a) of the Penal Code after stabbing his uncle/roommate during a domestic quarrel. He was sentenced to 15 years' imprisonment by the High Court. The Court of Appeal dismissed his appeal against sentence, finding the 15-year term proportionate and lighter than the typical sentencing range of 18-20 years.</p> The panel comprised Ahmad Zaidi bin Ibrahim, Mohamed Zaini bin Mazlan and Noorin binti Badaruddin, with Mohamed Zaini bin Mazlan delivering the judgment. Counsel appearing: Zander Lim Wai Keong (prosecution counsel).

Summary

Al Amin, a Bangladeshi national, pleaded guilty to culpable homicide not amounting to murder under section 304(a) of the Penal Code after stabbing his uncle/roommate during a domestic quarrel. He was sentenced to 15 years' imprisonment by the High Court. The Court of Appeal dismissed his appeal against sentence, finding the 15-year term proportionate and lighter than the typical sentencing range of 18-20 years.

What was the outcome of AL AMIN v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]?

<p>Al Amin, a Bangladeshi national, pleaded guilty to culpable homicide not amounting to murder under section 304(a) of the Penal Code after stabbing ...

Statutes Cited

Penal Code (Cap 574)

Cases Cited (1)

MY (1)

[2010] 8 CLJ 257

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-05h-566-12-2024)