Hashmat Khan v Pendakwa Raya

Appellant(s): Hashmat Khan

Respondent(s): Pendakwa Raya

• YA Dato' Azmi Bin Ariffin
• YA Datuk Meor Hashimi bin Abdul Hamid
• YA Dato' Sri Mohd Radzi bin Harun

• The appellant was charged under Section 302 of the Penal Code for the murder of his wife, whose body was discovered in a shop lot after a witness reported a foul smell emanating from the premises.
• Forensic evidence and police investigations, including a discovery led by the appellant and DNA analysis of a murder weapon found at the scene, linked the appellant to the crime which was motivated by jealousy.
• At the High Court, the appellant entered an unconditional guilty plea and was sentenced to 30 years’ imprisonment and 12 strokes of the cane, prompting an appeal against the severity of the sentence.

• Whether the High Court properly exercised its judicial discretion in applying the alternative sentencing provisions introduced by the Abolition of Mandatory Death Penalty Act 2023 (Act 846).
• Whether the mitigating factors, specifically the appellant’s age, his status as a first-time offender, and the "guilty plea discount" for saving judicial time, justified the imposition of the statutory minimum sentence.
• Whether there were any appealable errors in the High Court’s balancing exercise between the gravity of the crime and the public interest in the rehabilitation of the offender.

• The Court affirmed that following the 2023 amendments to Section 302 of the Penal Code, the death penalty is no longer mandatory and the Court has the discretion to impose a term of imprisonment between 30 and 40 years plus whipping.
• The Court found that the High Court had correctly considered the principles of sentencing, including the need for a deterrent sentence that simultaneously allows for the rehabilitation of a relatively young, first-time offender.
• The appeal was unanimously dismissed and the sentence maintained, as the Court held there was no legal basis to interfere with a sentence that already represented the statutory minimum prescribed by law.