35 years’ jail, whipping for unemployed man who killed brother, aunt

35 years’ jail, whipping for unemployed man who killed brother, aunt

Appellate court overturns High Court verdict of culpable homicide, says prosecution proved he committed the murders beyond a reasonable doubt.

Court of Appeal
The three-member bench ruled that the High Court had misdirected itself in 2022 by considering Azman Wahab’s defence of unsoundness of mind.
PETALING JAYA:
The Court of Appeal today sentenced an unemployed man to 35 years in prison after finding him guilty of murder in the deaths of his younger brother and aunt in 2016.

The three-member bench, comprising Justices Che Ruzima Ghazali, Azman Abdullah and Azmi Ariffin, ordered the sentence after overturning Azman Wahab’s earlier conviction for culpable homicide not amounting to murder, Bernama reported.

The appellate court also ordered that he receive 24 strokes of the cane.

The court sentenced Azman to 35 years in prison for each murder charge, with the sentences running concurrently, and 12 strokes of the cane for each charge.

Azman was initially convicted by the High Court on Aug 25, 2022, for culpable homicide not amounting to murder under Section 304b of the Penal Code, which saw him being given a 16-year prison sentence.

In delivering the court’s decision, Ruzima said the High Court had misdirected itself in considering Azman’s defence of alleged unsoundness of mind.

He also said the prosecution proved that Azman had committed the murders beyond a reasonable doubt.

Azman was convicted of killing his 26-year-old brother, Azwan, in the living room of their house in Kampung Lanai, Parit Panjang, Baling, Kedah at 11am on Oct 2, 2016.

He was also found guilty of murdering Rokiah Abdullah, 54, outside the same house at 11.10am, on the same day.

Deputy public prosecutor Ng Siew Wee argued that the murders were deliberate. She said the severe and multiple injuries inflicted on both victims did not support the contention that it was committed by a person who did not know the nature of the act.

Ng detailed how Azman repeatedly attacked his paralysed brother and aunt with various weapons, including a rambutan tree branch, iron, and coconut grater.

Azman’s defence lawyer, Rafidi Mohamad contended that his client did not intend to kill either victim, maintaining that the High Court was correct in ruling the attacks were spontaneous, without preparation, and without awareness of the potentially fatal consequences of the weapons used.

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