Jeeji Ting Kim Leong & Anor v Public Prosecutor

Appellant(s): Jeeji Ting Kim Leong

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato Alwi Bin Abdul Wahab

• The two appellants were convicted by the High Court for murder under Section 300(c) read with Section 34 of the Penal Code and sentenced to death.
• The conviction arose from the murder of an elderly woman during a robbery at her home, where the deceased died from traumatic asphyxia and smothering while being restrained.
• Forensic evidence, including DNA under the deceased's fingernails and the recovery of stolen items, linked the appellants to the crime, leading to their conviction.

• Whether the death sentence imposed by the High Court was appropriate, given the Court's limited role in reviewing sentences and the principles for appellate intervention.
• The application of the recently amended Section 302 of the Penal Code (under Act 846), which grants judicial discretion in sentencing for murder, replacing the mandatory death penalty.
• Whether the circumstances of the case warranted the imposition of the death penalty, or if a term of imprisonment would suffice to meet the objectives of punishment.

• The Court of Appeal allowed the appeals on sentence, setting aside the death sentences imposed by the High Court.
• The Court exercised its discretion under the amended Section 302 of the Penal Code, holding that the death penalty should be reserved for the most extreme cases, which this case was not.
• The Court substituted the sentences with 35 years imprisonment from the date of arrest and 15 strokes of whipping for each appellant, noting the murder was not premeditated but occurred during a robbery.