Federal Court to give verdict in appeals against laws imposing mandatory death penalty on Aug 13 | Malay Mail

Tuesday, 09 Jun 2020 06:32 PM MYT

Court of Appeal President Datuk Rohana Yusuf, who led the bench, set the decision date after the court completed hearing submissions from the prosecution and defence in those cases. “Parliament can prescribe such penalty as it thinks fit for the offences which it creates. It may make the penalty absolute in the sense that there is but one penalty which the court is empowered to impose and it may lay an unqualified duty on the court to impose that penalty,” he said.

He said Parliament has been given the powers under the Federal Constitution to legislate on civil and criminal law and procedure and the administration of justice including the jurisdiction and powers of all such courts. Gomes, Bosman and Hawkes were separately convicted and sentenced to death by the High Court between 2015 and 2016 for trafficking in drugs in 2013. All three lost their appeals at the Court of Appeal.

“The appellants’ case is that there should be a discretion in the courts to determine the appropriate sentence in individual cases,” said Sri Ram, adding that the right to be heard in mitigation is an integral part of the right to a fair trial.

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