Alagesan Kamaraj v Public Prosecutor

Appellant(s): Alagesan Kamaraj

Respondent(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya]

• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato' Azmi Bin Ariffin

• The appellant, an Indian national, was charged under Section 302 of the Penal Code for the murder of the deceased at an old folks' care centre in Petaling Jaya.
• The appellant attacked the deceased while the latter was sleeping, using a hammer to deliver several blows to the head, resulting in fatal cranio-cerebral injuries.
• At the High Court, the appellant pleaded guilty to the charge and was sentenced to 38 years of imprisonment and 15 strokes of whipping, leading to this appeal against both conviction and sentence.

• Whether the High Court’s sentence was excessive given the appellant’s guilty plea and the mitigating factors presented during the trial.
• The proper exercise of judicial discretion in sentencing for murder following the amendments introduced by the Abolition of Mandatory Death Penalty Act 2023 (Act 846).
• The balancing of public interest and the need for a deterrent sentence against the credit to be given for a plea of guilty in a capital offence.

• The Court struck out the appeal against conviction following the appellant's withdrawal of the same, thereby affirming the finding of guilt by the High Court.
• In exercising its discretion under Act 846, the Court determined that while the crime was serious, a sentence of 35 years of imprisonment and 12 strokes of whipping was more appropriate than the initial sentence.
• The Court allowed the appeal on sentence, ordering the 35-year custodial term to run from the date of the appellant's arrest on 10 September 2020.