Federal Court also sentences him to 15 years’ jail and three strokes of the cane for rape.
PUTRAJAYA: A former security guard was spared the gallows when the Federal Court commuted his death sentence to 33 years in prison and 12 strokes of the cane for the murder of his 17-year-old lover eight years ago.
The three-member panel, led by Chief Judge of Malaya Zabidin Diah, reached the unanimous verdict to allow the final appeal of Tarmizi Yaakob, 28, and review his death sentence under the Abolition of Mandatory Death Penalty Act 2023 (Act 846).
“The prison sentence is effective from the date of arrest on Oct 25, 2015,” Zabidin said.
Also on the bench were Justices Harmindar Singh Dhaliwal and Abu Bakar Jais.
Zabidin also struck out Tarmizi’s appeal against the conviction and sentence for rape after his lawyer, Azizul Shariman Mat Yusoff, informed the court that they were not proceeding with it, thereby retaining the 15 years’ jail and three strokes of the cane imposed earlier.
On March 26, 2019, the High Court in George Town, Penang, meted out the death sentence on Tarmizi, who is known as “Babun”, after he was found guilty of murdering the Form 5 student at an apartment in Teluk Kumbar between 7.30am and 7.30pm on Oct 25, 2015.
The court also sentenced him to 15 years’ jail and three strokes of the cane for raping the victim at the same place and time. Both sentences were upheld by the Court of Appeal on Dec 8, 2021
Earlier, during the proceedings, Azizul said the defence had submitted representations for a review of the death sentence to the attorney-general’s office on Aug 15.
He said the attorney-general’s office had no objection against the review, which only involved the sentence and not the conviction. This was confirmed by deputy public prosecutor Noorhisham Jaafar.
In mitigation, Azizul appealed for a minimum prison sentence, saying his client was only 20 years old at the time and was suffering from mild mental retardation due to drug abuse, and did not receive maternal love as his mother had died when he was 15.
Noorhisham submitted that the accused had used a knife, and the autopsy report showed the victim had sustained 18 bruises, cuts, and abrasions. The prosecution requested a prison term of not less than 35 years.
Source: Bernama, Staff, December 14, 2023
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