‘Judicial discretion in sentencing is an essential aspect’

1952, the Malaysian Bar said that the death penalty is an “extreme, abhorrent and inhumane punishment, irrespective of the crime committed”.

“There are also provisions for the imposition of the mandatory death penalty in the Penal Code and Firearms (Increased Penalties) Act 1971, and of the discretionary death penalty in the Kidnapping Act 1961,” he added.

Senior criminal law practitioner Hisyam Teh Poh Teik said the proposed amendments will allow the courts to take into consideration, among others, the amount and type of drugs found and the circumstances under which the offender was in possession of the drugs.

“The court can justifiably draw a distinction between an actual trafficker and one who is merely in possession of the drugs.

Suhakam chairman Tan Sri Razali Ismail believes that the mandatory death penalty must be abolished so that judges will be given discretionary powers to decide on the sentence.

He recommended that a morato- rium on the use of the death penalty be put into effect.

MCA Public Services and Complaints Department head Datuk Seri Michael Chong lauded the Government’s move, saying “the learned judges can mete out the appropriate sentencing based on each case and its circumstances”.

“Judicial discretion in sentencing is an essential aspect of judicial power under our legal system,” said lawyer Eric Paulsen, who is co-founder of Lawyers for Liberty,

“To force the judiciary to impose the death sentence is an unnecessary fetter on their discretion and interferes with their independence,” he said, adding that the proposal should be extended to all death penalty offences.