: Parliament has the power to enact legislation on offences and to prescribe punishments for the offences, including the mandatory death penalty, ruled the Federal Court, here, in a majority decision.
A nine-member bench led by Court of Appeal president, Datuk Rohana Yusuf delivered their decision in the appeals brought by four individuals who raised the issue of constitutionality of the provisions in the Dangerous Drugs Act 1952 and Section 302 of the Penal Code which impose the mandatory death sentence for drug trafficking and murder, respectively.
“The power of sentencing is statutory and the court cannot exceed or limit the power of sentencing in the name of exercising its judicial power. Justice Azahar said it was only right that the decision and initiative to change or to abolish the mandatory death penalty should come from Parliament.
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