PUTRAJAYA, Jan 5 — The Court of Appeal has allowed a Rohingya man's appeal against a murder conviction, sentencing him instead to 16 years' imprisonment for culpable homicide not amounting to murder.
A three-member bench, led by Justice Datuk Azman Abdullah, set aside the High Court’s decision of May 21, 2024, which had convicted Mohammad Alam Mohammad Zakaria of murder and imposed a sentence of 30 years’ imprisonment and 12 strokes of the cane.
Justice Azman, who sat with Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid, ruled that the prosecution had only succeeded in proving the offence under Section 304(a) of the Penal Code.
Accordingly, the court convicted the accused of culpable homicide not amounting to murder and imposed a 16-year prison sentence, ordering it to run from the date of his arrest on August 30, 2020.
The offence was committed behind the Stellar Walk building along Persiaran Senibung, Permas Jaya, Johor Bahru, between 9.30pm and 12am on August 18, 2020.
According to the facts of the case, Alam, a 31-year-old Rohingya from Myanmar, had invited a friend to have a meal at the workers’ quarters. However, the deceased, Abu Taher, 35, stopped the friend from entering and reprimanded the accused for bringing an outsider.
A prosecution witness residing at the house testified that the accused and the deceased had argued outside for approximately 15 to 20 minutes before the deceased collapsed and was found bleeding.
In today's proceedings, Alam's counsel Sukhaimi Mashud submitted that the incident constituted a sudden fight.
He argued that his client had no prior intention to kill and had acted in self-defence during the struggle, noting that the knife in question had been held by the deceased. Sukhaimi contended that the appropriate charge should therefore have been culpable homicide not amounting to murder.
However, Deputy Public Prosecutor Mohamad Arif Aizuddin Masrom maintained that the High Court's murder conviction was sound, based on accurate factual findings and relevant legal considerations.
