Labourer to be hanged after death penalty appeal dismissed - Malaysia Crime Infonet

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Wednesday, January 27, 2016

Labourer to be hanged after death penalty appeal dismissed


KOTA KINABALU --- The Court of Appeal yesterday affirmed the death penalty of a former estate labourer for the murder of a man in a Sandakan oil palm estate squatter.

Hasyim Rahman, 42, will now be sent to the gallows following the unanimous decision of the Appellate Court judges, Justices Dato’ Setia Mohd Zawawi Salleh, Datuk Dr Prasad Sandosham Abraham and Dato’ Zaleha Yusof.

In affirming the lower court’s conviction and sentence, the justices held that there was sufficient evidence to support the charge under Section 302 of the Penal Code for murder, hence dismissing Hasyim’s appeal.

Earlier, counsel Sharatah Lincoln, for the appellant, submitted on the issue of whether or not her client had any intention to murder the deceased. In her submission, Sharatah implored the court to consider the fact that her client had acted in self-defence, as the deceased was the one who had trespassed into the appellant’s premises with threats of slapping and killing him.

The appellant had only brandished a machete with the intention of deterring the deceased from approaching him because he felt threatened, said Sharatah. She also pointed out that the deceased had only sustained a slash wound across his cheek in addition to the fatal wound to the back of his neck.

If the appellant did really intend to murder the deceased, said Sharatah, there would not have been a second injury as the appellant would have used full force instead of swinging the machete around with his eyes closed.

Sharatah also submitted on the fact that the prosecution did not establish a motive for her client’s crime, therefore making it unsafe to convict him. There was also no history of hostility between the appellant and the deceased as the former had only arrived at the estate 10 days prior to the incident, said Sharatah.

In reply, deputy public prosecutor, Hamdan Hamzah, for the respondent, urged the court to dismiss the appeal as the appellant had failed to raise reasonable doubt. The appellant also did not say anything about motive in his defence during trial, therefore making it an invalid ingredient to be considered, said Hamdan.

Hasyim was convicted of murdering one Baharuddin Amir by hacking the back of the victim’s neck with a machete on September 25, 2011 at around 9 pm. He had appealed unsuccessfully to the Sandakan High Court to have his sentence reduced.

Source: http://bit.ly/1nx43nT
Labourer to be hanged after death penalty appeal dismissed Reviewed by Unknown on Wednesday, January 27, 2016 Rating: 5 KOTA KINABALU  --- The Court of Appeal yesterday affirmed the death penalty of a former estate labourer for the murder of a man in a Sand...


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