Malaysian Court Commutes Death Sentence to 35 Years for Man Convicted of Murdering 6-Year-Old Boy

Malaysia's Court of Appeal commutes death sentence of man convicted of murdering girlfriend's 6-year-old son, citing new law abolishing mandatory death penalty and mitigating factors.

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Malaysian Court Commutes Death Sentence to 35 Years for Man Convicted of Murdering 6-Year-Old Boy

Malaysian Court Commutes Death Sentence to 35 Years for Man Convicted of Murdering 6-Year-Old Boy

The Court of Appeal in Malaysia has commuted the death sentence of Noraizuwan Hamali, a man convicted of murdering his girlfriend's 6-year-old son, Muhammad Rayyan Hidayat Hairil Khan, in Perlis in 2018. The three-judge panel, chaired by Justice Datuk Hadhariah Syed Ismail, unanimously decided to replace the death sentence with 35 years in prison and 12 strokes of the rotan (caning).

The panel found that the High Court's conviction of Noraizuwan under Section 302 of the Penal Code was safe to be upheld. However, in light of the enforcement of the Abolition of Mandatory Death Penalty Act 2023 and considering Noraizuwan's mitigation, the court concluded that the death penalty was not justified in this case.

Medical evidence, including the autopsy report, showed that Rayyan had sustained at least 47 injuries and died from blunt force trauma to the abdomen. The court rejected Noraizuwan's defense that the child had fallen twice, finding his claims to be lies that strengthened the prosecution's case.

Why this matters: The commutation of the death sentence in this high-profile case reflects the impact of Malaysia's recent legal reforms abolishing the mandatory death penalty. It also highlights the court's consideration of mitigating factors in sentencing decisions for serious crimes.

In delivering the verdict, Justice Datuk Hadhariah Syed Ismail stated, "We are of the view that the learned High Court judge did not err in his findings of the appellant's conviction under Section 302 of the Penal Code. However, we find that the death sentence is not justified based on the circumstances of this case and the enforcement of the new law on the abolition of the mandatory death penalty."

Key Takeaways

  • Malaysian court commutes death sentence to 35 years, 12 cane strokes
  • Noraizuwan convicted of murdering girlfriend's 6-year-old son in 2018
  • Autopsy showed 47 injuries, court rejected Noraizuwan's defense
  • Reflects impact of Malaysia's abolition of mandatory death penalty
  • Court considered mitigating factors in sentencing for serious crimes