In Letitia Bosman v Public Prosecutor, on 29 March 2017, Letitia Bosman, a South African, was convicted for drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and sentenced to death. She was caught at Senai International Airport with methamphetamine hidden in her luggage. Bosman claimed she was an innocent carrier, alleging that a man named George had given her the bag in New Delhi.
The issues are thus (1) whether the mandatory death sentence under Section 39B(2) was unconstitutional; and (2) whether the trial judge had erred in handling presumptions of possession and trafficking.
The Court of Appeal upheld her conviction and sentence, rejecting the argument that the mandatory death penalty was unconstitutional. The Court of Appeal affirmed the trial judge’s decision, as there was no miscarriage of justice in handling the evidence or presumptions under the Dangerous Drugs Act. The court found Bosman’s defense about the bag and George’s involvement to be inconsistent and an afterthought.
In Letitia Bosman v Public Prosecutor and Other Appeals (No 1), on 13 August 2020, the appellant issued a constitutional challenge to the mandatory death penalty for drug trafficking and murder under Section 39B of the Dangerous Drugs Act 1952 and Section 302 of the Penal Code. Four appellants, including Bosman, argued that the mandatory death penalty was unconstitutional for violating Articles 5(1), 8(1), and 121 of the Federal Constitution.
The issues are thus (1) whether the mandatory death penalty usurps judicial discretion and violates the doctrine of separation of powers; (2) whether the penalty violates the right to a fair trial by denying the opportunity for mitigation; and (3) whether the death penalty is arbitrary, cruel, and disproportionate.
The Federal Court, by a majority of 8-1, dismissed the appeal, ruling that the mandatory death penalty is constitutional. The court emphasized that it is Parliament’s role to decide punishments, not the courts. The dissenting judge argued that the mandatory death penalty is disproportionate and arbitrary, suggesting it should be replaced with a discretionary sentencing framework. The court maintained that Malaysian law does not incorporate international standards on cruel or degrading punishment unless expressly adopted.
The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023 was introduced and took effect on 12 September 2023 to confer the Federal Court the jurisdiction to undertake the resentencing of the prisoners who have been sentenced to death or being imprisoned for natural life. An application for resentencing was filed on behalf of Letitia Bosman in the Federal Court.
An application for resentencing was filed in the Federal Court. In this application, the Federal Court took into account amongst others, the individualised mitigating circumstances of the Applicant which include the fact that the Applicant is remorseful, and she has repented. The Federal Court accepts the principle that the Applicant’s remorse as a mitigating factor that might earn her the court’s compassion.
The Applicant’s death sentence was commuted, and she was sentenced to 30 years from the date of arrest.