PUTRAJAYA: The Court of Appeal today sentenced an unemployed man to 35 years in prison for the murders of his younger brother and aunt in 2016.
The three-judge panel, consisting Judges Datuk Che Mohd Ruzima Ghazali, Datuk Azman Abdullah and Datuk Azmi Ariffin, also ordered Azman Wahab, 40, to receive 24 strokes of the cane.
The court sentenced him to 35 years in jail for each of the two murder charges, with the sentences to run concurrently. Azman was given 12 strokes of the cane for each charge.
Azman had initially been convicted by the High Court on Aug 25, 2022, for the lesser charge of culpable homicide not amounting to murder under Section 304b of the Penal Code, and was sentenced to 16 years in prison.
However, today, the Court of Appeal overturned this decision after it allowed the prosecution’s appeal to convict Azman on the original murder charges.
Justice Ruzima in delivering the court’s decision, said there was merit in the prosecution’s appeal and set aside the High Court’s decision.
He said there was a misdirection by the High Court in considering Azman’s defence, which was based on his alleged unsoundness of mind at that time. He also said the prosecution had proven beyond a reasonable doubt that Azman had committed murder.
Azman was convicted of killing his 26-year-old brother, Muhammad Azwan, in the living room of their house in Kampung Lanai, Parit Panjang, Baling, Kedah at 11 am on Oct 2, 2016. He was also found guilty of murdering Rokiah Abdullah, 54, outside the same house at 11.10 am, on the same day.
Deputy public prosecutor Ng Siew Wee appearing for the prosecution, argued that the murders were deliberate, adding that the severe and multiple injuries suffered by both deceased did not support the contention that it was committed by a person who did not know the nature of the act.
She said Azman struck his brother, who was paralysed due to previous accident, on the head with a rambutan tree branch before attempting to hit him with an iron. She said Azman then went to the kitchen, took a coconut grater, and repeatedly struck his brother again.
Ng further argued that Azman threw a brick at Rokiah’s face, and when she collapsed, he picked up the brick and threw it at her again, knocking her unconscious.
Lawyer Rafidi Mohamad representing Azman submitted that Azman did not intend to kill the two deceased, maintaining that High Court was correct to rule that the attacks on both deceased were spontaneous, without any preparation and awareness to know that the weapons his client had picked up could cause death.
