KUALA LUMPUR: The Court of Appeal will decide tomorrow on the appeal by six former National Defence University of Malaysia (UPNM) students against their 18-year prison sentence for causing the death of Navy Cadet Officer Zulfarhan Osman Zulkarnain, seven years ago.
A three-judge panel comprising Datuk Hadhariah Syed Ismail, Mohamed Zaini Mazlan and Datuk Azmi Ariffin is scheduled to deliver the verdict at 9 am.
The six former students are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali
The first five defendants were initially charged with murder under Section 302 of the Penal Code, which carries the mandatory death sentence upon conviction, while Abdoul Hakeem was charged with abetting the murder under Section 109 of the Penal Code, which carries the same penalty.
On Nov 2, 2021, the High Court sentenced all six of them to 18 years in prison after finding them guilty under Section 304(a) of the Penal Code of causing Zulfarhan’s death without the intent to kill him.
Section 304(a) of the Penal Code provides a prison sentence of up to 30 years and a fine, upon conviction, if the act is committed with intent to cause death.
They were charged with committing the offence in a room at the Asrama Jebat block, UPNM, between 4.45 am and 5.45 am on May 22, 2017. Zulfarhan died at the Serdang Hospital on June 1, 2017.
Meanwhile, the court will also deliver its verdict on the appeal of another 12 former UPNM students who were found guilty and sentenced to three years in prison for intentionally causing injury to Zulfarhan to coerce a confession that he stole a laptop.
The former students were charged under Section 330 of the Penal Code, which carries a maximum prison sentence of seven years and a fine, upon conviction.
They are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri Agus, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif Ismail, Muhammad Adib Iman Fuad Ady Sani, and Mohamad Syazwan Musa.
The former students, now 28 years old, were charged with committing the offence in two rooms at the Asrama Jebat block, UPNM, between May 21 and May 22, 2017.
