Connect with us


Malaysian Federal Court Says Not Every Criminal Accused of Murder Deserves the Death Penalty


Source: FocusMalaysia & UtusanMalaysia

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

The Federal Court is calling on trial judges to use their utmost discretion in giving all murder accused the death penalty.

This stemmed from the murder case of an American in Malaysia, Gerald Wayne Mickelson, 66, who killed his wife Guilda Mickelson, 61, in a hotel room in KL. Instead of the death penalty, he was given a mere 7 year imprisonment sentence.


Justice Harmindar Singh Dhaliwal in reducing the sentence held the murder was committed upon a sudden quarrel in the heat of passion.

“The death of the deceased was caused by the appellant in the heat of passion,” held Dhaliwal.

Dhaliwal found that the accused was not cruel as it was not premeditated and no weapons were used.


As such, this case would fall under Exception 4 of Section 300 of the Malaysian Penal Code. Section 300 relates to murders and Exception 4 relates to Sudden Fights.

There are 5 Exceptions under Section 300 which allows a murder charge to be reduced to culpable homicide not amounting to murder. When this happens, an accused will not be hanged but will instead be jailed up to 30 years.

“Even if there is no submission by the accused on this issue, it remains the duty of the court to ensure its decision is correct on the facts and the evidence is sustainable in law,” Dhaliwal held.


So Dhaliwal wants judges to look into all angles first before sending an accused to the gallows.


There has been large amounts of discussions on the death penalty in Malaysia.

Although there were calls to abolish the mandatory death penalty for drug cases, a study by the Anti-Death Penalty Asia Network found in 38 cases of drug trafficking in Malaysia from March 2018 to October 2020, only four of them were sentenced to life imprisonment instead of death.

The story of Malaysian Nagaenthran Dharmalingam recently shook the nation and saw everyone coming together to support abolising his unfair execution.

What are your thoughts on the dealth penalty? Leave your comments in the comment section.


Also read: Singapore High Court Temporarily Suspends Execution of Malaysian Prisoner Nagaenthran

Ft Suspend


Source: Utusan
Source: AsiaSamachar
Source: Kinokuniya

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

Just In

Feat Image Rural Roads Malaysia Feat Image Rural Roads Malaysia
News15 hours ago

Rural Development Minister: Govt Allocates Over RM1.2 Billion To Improve Road Systems In Rural Areas

Rural Development Minister, Datuk Seri Mahdzir Khalid revealed that the government has allocated over RM1.2 billion to provide a better...

244291977 2069541206527870 5744218834695855290 N 244291977 2069541206527870 5744218834695855290 N
News16 hours ago

Dubai Is Building A Huge, $5 Billion Moon Hotel That Has Low-Gravity Walking Experience

There will finally be a “moon” on earth.  This moon-shaped hotel is a giant replica of the moon and will...

Taiwan Ft Taiwan Ft
Lifestyle18 hours ago

Taiwan Resumes Visa-free Entry For Selected Countries Including Malaysia!

Taiwan further opens its borders to eligible countries. According to the Central Epidemic Command Center (CECC), the visa-exempt entry scheme...

3 004 3 004
News2 days ago

MUDA Party Hits The Streets For #NyawaDuluBaruPRU Protest

In recent weeks, the MUDA party has called for protest at the SOGO shopping complex in Kuala Lumpur, which started...

1 006 1 006
News2 days ago

WATCH: Two Riders Victimised In Freak Accident By Reckless Drivers In Klang

Reckless driving is a serious traffic offense involving the reckless disregard of the safety of others. It can cause accidents, damage...

Feat Image Pm Un Rohingya Feat Image Pm Un Rohingya
News2 days ago

PM Urges More Countries To Take In Rohingya Refugees During UN General Assembly Speech

Prime Minister Datuk Seri Ismail Sabri Yaakob has called upon all countries to take in more Rohingya refugees to be...

Feat Image Free Wifi Hospital Feat Image Free Wifi Hospital
News2 days ago

KJ: All Government Hospitals To Provide Free WiFi, Starting With Hospital Rembau

Health Minister Khairy Jamaluddin has announced that the government intends to provide free WiFi at all government hospitals, with Hospital...

Bkm Bkm
News3 days ago

GOV: BKM Phase 3 Payout Will Commence on September 20, Phase 4 Payout in December

When the pandemic hit the world, many companies were forced to shut their company down or lay off some staff...


Latest Videos