Azizul Azual bin Mohamad Jailani
案件摘要- 司法管轄
- 國籍
- 馬來西亞人
- 案件標題
- Azizul Azual bin Mohamad Jailani (Federal Court Criminal Appeal No. 05-33-03/2012(B))
- 作案時年齡
- 18
- 作案時年齡組
- 成年人 (18至59歲)
- 性别
- 男性
- 司法轄區 - 地理定位
緯度: 4.2105
經度: 101.9758
- 司法轄區 - 地理定位 (已連結 案件摘要)
- 馬來西亞
- 瑞慈合作機構
- Malaysian Centre for Constitutionalism and Human Rights (馬來西亞)
- 該國最新死刑狀態
- 保留死刑
- 案件現狀
- 已結案: 減刑
- 判處死刑年份
- 2000s: 2009
- 死刑所涉罪名的性質
- 謀殺: 一名受害者
- 案件背景 (最多300字)
On 16 February 2002, Azizul Azual bin Mohamad Jailani was charged with one count of murder under Section 302 of the Penal Code for the murder of Universiti Teknologi Mara (UiTM) lecturer Bakarudin Busu on 12 February 2002. Azizul Azual bin Mohamad Jailani, alongside two other persons, inflicted physical harm towards Bakarudin by kicking, punching and slashing, before burning his corpse and dumping his remains in a drain. On 17 December 2009, the High Court of Shah Alam found Azizul guilty of the murder of Bakarudin and was sentenced to mandatory death. The Court of Appeal and Federal Court rejected his appeal on 20 February 2012 and 23 February 2015 respectively. 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.
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.
- 辯方意見 (最多200字)
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, Sulkarnain Alias and Noorman Ab. Wahab, 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 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. The Federal Court accepted the argument. 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.
- 獲得法律代理的情況
- 偵查前階段: 未知
- 審判階段: 未知
- 上訴階段: 未知
- 第二次上訴階段: 未知
- 與罪名相關的立法
Section 302 of the Penal Code for murder
- 案件摘要錄入狀態
- 完成
- 案件材料語言
- 英語
- 馬來語
- 該案例摘要是否已收錄?
- No