
A three-member bench, chaired by Justice Zabariah Yusof, set aside 35-year-old Abdul Raof Dimyati’s death sentence after allowing his appeal on sentence only.
The panel, which included Justices Harmindar Singh Dhaliwal and Abdul Karim Abdul Jalil, also ordered that Raof be whipped 12 times.
Judges are now given the discretion to impose either the death penalty or a jail term of up to 40 years and a minimum 12 strokes of the rotan for men below 50, for those found guilty of murder.
Raof murdered online salesgirl Nor Salina Nazir, 34, a widow and mother of four, who was found in a car with multiple stab wounds in an open field near Sekolah Rendah Agama Kuala Kubu Bharu at 8.30pm on May 5, 2015.
He was arrested on May 6 and detained for questioning by the police.
Raof was admitted to Hospital Bahagia Ulu Kinta in Tanjung Rambutan, Perak, for a psychiatric evaluation but was certified fit to stand trial.
The High Court sentenced him to death after finding him guilty, and the Court of Appeal affirmed the conviction and sentence.
Lawyer Izzat Irfan today informed the bench that the Attorney-General’s Chambers had accepted his client’s representations for the death penalty to be varied.
The lawyer urged the court to impose a shorter jail term as his client was only 26 years old at the time of the offence and had spent the last nine years in jail.
“He is a first-time offender and did not plan to commit the crime. He is remorseful and offers his apologies to the victim’s family,” he said.
The incident happened as the victim is said to have pressured Raof to get married to her.
Deputy public prosecutor Fuad Aziz proposed a minimum 35-year jail term and the minimum 12 strokes of the rotan.