A Rohingya man’s murder conviction was overturned on appeal, with the court sentencing him to 16 years for culpable homicide instead.
PUTRAJAYA: The Court of Appeal today overturned a Rohingya man’s murder conviction and sentenced him to 16 years’ imprisonment for culpable homicide.
A three-member bench led by Justice Datuk Azman Abdullah set aside the High Court’s 2024 decision, which had convicted Mohammad Alam Mohammad Zakaria of murder.
The bench ruled the prosecution had only proven the offence under Section 304(a) of the Penal Code for culpable homicide not amounting to murder.
Accordingly, the court imposed a 16-year prison sentence, to run from his arrest date on Aug 30, 2020.
The High Court had previously sentenced him to 30 years’ imprisonment and 12 strokes of the cane.
The offence occurred behind a building in Permas Jaya, Johor Bahru, between 9.30 pm and midnight on Aug 18, 2020.
According to case facts, the 31-year-old from Myanmar had invited a friend for a meal at workers’ quarters.
The deceased, Abu Taher, 35, stopped the friend from entering and reprimanded the accused for bringing an outsider.
A witness testified the pair argued outside for 15 to 20 minutes before the deceased collapsed bleeding.
Defence counsel Sukhaimi Mashud argued the incident was a sudden fight with no prior intent to kill.
He submitted his client acted in self-defence during a struggle, noting the knife was held by the deceased.
He contended the appropriate charge was culpable homicide not amounting to murder.
Deputy public prosecutor Mohamad Arif Aizuddin Masrom maintained the High Court’s murder conviction was sound.
He said it was based on accurate factual findings and relevant legal considerations.
