PUTRAJAYA – A 28-year-old man, who was a security guard, escaped the gallows today when the Federal Court reduced his death sentence for killing a 17-year-old in 2015 to 33 years’ jail and 12 strokes of rotan.
A three-member panel led by Chief Judge of Malaya Tan Sri Mohamad Zabidin Mohd Diah, together with Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Abu Bakar Jais, allowed Tarmizi Yaakob’s final appeal today.
The judges reduced his death sentence after considering the Abolition of Mandatory Death Penalty Act 2023. They also ordered for the jail sentence to begin from the day of Tarmizi’s arrest, which was on October 25, 2015.
Tarmizi was sentenced to death on March 26, 2019, after the Penang High Court found him guilty of killing the 17-year-old victim at Teluk Kumbar, George Town, Penang between 7.30am and 7.30pm on October 25, 2015.
Subsequently, the accused, who was also known as “Babun,” was also sentenced to 15 years in jail and three strokes of rotan after he was found guilty of raping the victim, whom he deemed as his girlfriend, at the same location and time.
Tarmizi then appealed his case at the Court of Appeal here, where the high court’s decision was upheld. Today, the Federal Court maintained the sentence for his rape offence.
Earlier today, lawyer Azizul Shariman Mat Yusoff, who appeared for Tarmizi, informed the court that a representation letter has been sent to the Attorney-General’s Chambers on August 15 to consider the Abolition of Mandatory Death Penalty Act 2023 in reviewing his sentence appeal.
He then informed the court that the reply received showed that there were no obstacles that could prohibit the accused from applying for his sentence under the act.
“And therefore, the accused withdraws his appeal against his conviction for death and rape, and maintains his appeal on the two offences,” he said.
Deputy public prosecutor Noorhisham Mohd Jaafar confirmed the matter before the court allowed the withdrawal.
During mitigation, Azizul also appealed for the court to consider a minimum jail sentence on the accused, on account that he was considered a young offender as he was only 20-years-old when he committed the crime.
“Based on the psychiatric report, the accused was sane during the time of the offence. (However), he has a record of taking cannabis and Erimin 5 types of drugs since he was 17-years-old.
“He also suffered from minimal mental retardation, as a result from lack of motherly love as his mother passed away when he was 15-years-old,” he said. – December 14, 2023