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 the 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.

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 Razali bin Ahmad in the Federal Court.

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 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.

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.