RAZALI BIN AHMAD
CASE BRIEF- Jurisdiction
- Nationalities
- Malaysian
- Case Title
- Razali bin Ahmad (Federal Court Criminal Appeal No. 05-321/2011(B))
- Age Group at Offence
- Adult (18 to 59)
- Gender
- Male
- Religious Group at Offence
- Islam
- Jurisdiction - Geolocation
Latitude: 4.2105
Longitude: 101.9758
- Jurisdiction - Geolocation (linked CASE BRIEF)
- Malaysia
- Contributing TRP Partner
- Malaysian Centre for Constitutionalism and Human Rights (Malaysia)
- Latest Country's Death Penalty Status
- Retentionist
- Case Current Status
- Closed: Commuted
- Year when sentenced to Death Row
- 2000s: 2007
- Nature of Offences for Death Penalty
- Drug Crime
- Case Background (300 words max)
On 6 August 2003, Razali bin Ahmad was charged for trafficking in cannabis weighing 858 gm, at Gombak Setia, Gombak, Selangor on 6 August 2003 and thereby he had committed an offence under section 39B(1 )(a) of the Dangerous Drugs Act 1952. The Applicant was tried before the High Court of Shah Alam. He was convicted on 16 December 2007 by the Shah Alam High Court and was sentenced to mandatory death.
The Applicant’s appeal to the Court of Appeal was dismissed on 8 November 2011. On 7 January 2013 the Federal Court affirmed the conviction and sentence of the High Court. As of the date of his resentencing hearing fixed on 16 November 2023, the Applicant would have served 20 years and 3 months as a death row inmate.
An application for resentencing was filed on behalf of Razali bin Ahmad in the Federal Court.
- Defence Arguments (200 words max.)
The Applicant was the breadwinner for the family before he was arrested. He provided financial support as the eldest sibling. Both of the Applicant’s parents are old and require medical attention. His father was 72 years old, and his mother was 67 years old. His father suffers from hypertension, diabetes, thyroid, cholesterol and asthma. Several years ago, his father had an accident and broke his leg and that incident caused him to lose his memory. His father is receiving treatment for speech therapy. In 2022, his father suffered from a stroke and was admitted to the Kuala Lumpur General Hospital. The Applicant’s mother suffers from repeated Thrombosis Vena in 2011, 2013 and 2014, high blood pressure, obesity, asthma, gout and diabetes. She is also an OKU card holder.
- Judgement with Headnotes (200 words max)
On 16 November 2023, the Federal Court took into account the individualised mitigating circumstances of the applicant which include the effect of incarceration on innocent third parties.
The Federal Court accepts the principle that the court shall consider any and all mitigating circumstances including the recognition that the impact of any sentence upon those who bear no culpability for this offence and who have suffered greatly during the convict’s incarceration to date.
The Applicant’s death sentence was commuted, and he was sentenced to 30 years imprisonment from the date of his arrest.
- Legal Representation Received
- Pre-trial: Unknown
- Trial: Unknown
- Appeal: Unknown
- Second Appeal: Unknown
- Legislation Related to the Offence(s)
Section 39B(1)(a) of the Dangerous Drugs Act 1952
- Case Brief Entry Status
- Complete
- Language of Case Materials
- English
- Is the case brief featured?
- No