
A three-member bench chaired by Justice Ahmad Zaidi Ibrahim said the court took into consideration Shaharudin Zakaria’s age. He is 69 years old.
Justices Nazlan Ghazali and Zaini Mazlan were also on the panel to hear the appeal.
On July 26 last year, the High Court in Ipoh sentenced Shaharudin to 38 years in jail. He was spared the minimum 12 strokes of the rotan as he was above 50 years of age.
Judges have the discretion to impose a jail term of between 30 and 40 years for murder if they are not imposing the death penalty.
Earlier, lawyer Rajit Singh said his client’s advanced age meant a long prison term would do him no good.
“He is suffering from a lung infection and has high blood pressure. The 38-year jail term imposed by the High Court is excessive,” he said.
Rajit proposed a minimum jail term.
Deputy public prosecutor Afzainizam Abdul Aziz said the long prison sentence should be maintained as Shaharudin was exempted from being whipped.
“After strangling the victim, he dumped the body into a drain,” he added.
Shahrudin committed the offence on Zaharah Khalid, 77, at a house in Kampung Pasir Panjang Laut in Manjung, Perak on May 3, 2020.
Before the sentencing, one of the victim’s daughters, Hawa Isa, was called up to give a victim impact statement.
Hawa, the seventh of 12 siblings, said her disabled son missed his grandmother.
According to the facts of the case, the accused was a friend of the victim. The motive of the crime was not established.