A three-member bench also ordered Khairul Izaini Khairuddin, 37, to be whipped 12 times.

In its decision, the bench chaired by Justice Vazeer Alam Mydin Meera refused to accept the former contractor’s defence of insanity.

However, Vazeer, who sat with Justices Ahmad Zaidi Ibrahim and Azmi Ariffin, substituted the death sentence with an imprisonment term and whipping.

Under the law, judges are now given the discretion to impose a jail term of up to 40 years in murder cases in lieu of the death penalty.

The bench, which heard the appeal last year, delivered its decision today.

Vazeer, who was elevated to the Federal Court last month, ordered for the jail term to begin from Nov 12, 2018.

On Aug 22, 2022, Khairul was convicted for the murder of Qairil Aqmal Abdul Hakim in a house at Taman Bukit Indah, Ampang, on Nov 18, 2018.

The victim died at Ampang Hospital on Dec 22, 2018.

Zaidi, who read the broad grounds of judgment, said Khairul’s appeal lacked merit as the trial judge had made a correct finding of guilt after considering his defence of insanity.

The judge said the victim’s mother was an eyewitness to the crime as she saw him physically assaulting the boy.

“However, the mother was helpless as she was in an advanced stage of pregnancy and the accused had a reputation of being hot-tempered,” he said.

Evidence was presented that the accused rushed the boy to a private clinic and then to hospital, where Khairul lied to a doctor that the toddler had suffered a fall in the bathroom.

Zaidi said a pathologist also testified that blunt force trauma to the head had caused the injuries sustained by the deceased.

The pathologist also dispelled any possibility that the head injuries suffered by the deceased could have been caused by a fall.

Zaidi said the trial judge, having accepted the evidence of the victim’s mother and the pathologist, was right to rule that the prosecution had established a prima facie case.

He said the accused raised the defence of insanity as provided for under Section 84 of the Penal Code as he had been under psychiatric observation before the incident.

The defence had called a psychiatrist who testified that the accused was suffering from hallucinations and schizophrenia.

Zaidi said the bench found there was overwhelming evidence that the accused had committed murder, and there was no reason to disturb the findings of the trial judge.

“We also concur with the trial judge for dismissal of the defence of insanity as the accused’s actions did not match that of a person of unsound mind,” he said.

“He lied that the victim fell in the bathroom to conceal his actions,” he said, adding that the accused knew the hospital was the right place to get the boy treated.

Deputy public prosecutor Ng Siew Wee appeared for the prosecution while lawyer Arik Zakri Abdul Kadir represented the accused.