AZIZUL AZUAL BIN MOHAMAD JAILANI
CASE BRIEF- Jurisdiction
- Nationalities
- Malaysian
- Case Title
- Azizul Azual bin Mohamad Jailani (Federal Court Criminal Appeal No. 05-33-03/2012(B))
- Age at Offence
- 18
- Age Group at Offence
- Adult (18 to 59)
- Gender
- Male
- 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: 2009
- Nature of Offences for Death Penalty
- Murder: Single Victim
- Case Background (300 words max)
On 16 February 2002, Azizul Azuali was charged with one count of murder under Section 302 of the Penal Code for the murder of Universiti Teknologi Mara (UiTM) lecturer on 12 February 2002. Azizul Azual bin Mohamad Jailani, alongside two other persons, inflicted physical harm towards the deceased by kicking, punching and slashing, before burning his corpse and dumping his remains in a drain. According to the court, he played an important role as he was responsible for bringing the weapon to the place and was the first individual to attack the deceased until he fell.
On 17 December 2009, the High Court of Shah Alam found Azizul guilty of the murder and was sentenced to mandatory death. Both his appeals to the Court of Appeal on 20 February 2012 and the Federal Court on 23 February 2015 were unsuccessful. Consequently, his conviction was upheld, and the mandatory death sentence was affirmed.
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 in the federal court on behalf of Azizul.
- Defence Arguments (200 words max.)
In the High Court, the appellant's defence centred on two main points. Firstly, his defence emphasised Azizul's age at the time of the incident, which was 18 years and two months old, making the defence susceptible to the influence of peer pressure. Namely, the defence argued that the other two persons who were 32 and 31 at the time of the incident, pressured Azizul into committing the act together.
Secondly, using the Federal Territory Social Welfare Department (JKM) office's report, the defence further asserts that the accused had no previous criminal record as a mitigating circumstance. The report also stated that the accused was sociable and had many friends.
The High Court rejected the defence arguments.
In the Federal Court, in his resentencing application, the applicant argued that the fact that the Applicant was 18 years and 2 months old at the time of his arrest and he was a first-time offender. The defense argued the principle that the court should consider the applicant’s youth and also the fact he was a first-time offender.
- Judgement with Headnotes (200 words max)
On 2 April 2024, the Federal Court took into account the individualised mitigating circumstances of the applicant including the fact that the Applicant was 18 years and 2 months old at the time of his arrest and he was a first-time offender. The Federal Court accepts the principle that the court shall consider the applicant’s youth and also the fact he was a first-time offender. The applicant’s death sentence was commuted, and he was sentenced to 38 years of imprisonment from the date of arrest and 12 strokes of whipping.
- Legal Representation Received
- Pre-trial: Unknown
- Trial: Unknown
- Appeal: Unknown
- Second Appeal: Unknown
- Legislation Related to the Offence(s)
Section 302 of the Penal Code for murder
- Case Brief Entry Status
- Complete
- Language of Case Materials
- English
- Malay
- Is the case brief featured?
- No