A former vocational student’s conviction for culpable homicide was overturned to murder, resulting in a doubled prison sentence and caning for strangling his ex-girlfriend.
PUTRAJAYA: The Court of Appeal today increased a former vocational college student’s sentence to 30 years in prison and 10 strokes of the cane after convicting him of murdering his ex-girlfriend.
A three-member bench led by Justice Datuk Azmi Ariffin allowed the prosecution’s appeal, setting aside the Seremban High Court’s 2023 decision which had convicted Ahmad Faisal Omar, 26, of the lesser charge of culpable homicide not amounting to murder.
Justice Azmi, delivering the unanimous judgment, stated there was overwhelming evidence showing Ahmad Faisal had the intention to cause death through his act of strangling the deceased, Nuralya Damia Mohd Hairi.
He noted that Ahmad Faisal himself admitted in his defence to strangling the 19-year-old victim, a fact confirmed by the pathologist’s report on the cause of death.
The judge added there was no evidence of any serious or sudden provocation as claimed by the defence, finding that the act of strangulation was sufficient in the ordinary course of nature to cause death.
He concluded that the prosecution had proven its case beyond a reasonable doubt under Section 302 of the Penal Code for murder, reinstating the original charge.
The High Court had previously sentenced Ahmad Faisal to 15 years’ imprisonment on June 23, 2023, after amending the charge to culpable homicide under Section 304(a) of the Penal Code.
The offence occurred at a roadside in Taman PD Permata, Lukut, Port Dickson, Negeri Sembilan, between 8.30 pm and 10.30 pm on May 24, 2018.
According to the prosecution, the pair were acquainted from college and had a romantic relationship which ended in February 2018 before the victim later requested to resume it.
On the day of the incident, an argument ensued in a car where Ahmad Faisal strangled Nuralya Damia before pushing her out of the vehicle when she weakened and returning to his rented house.
In his defence, Ahmad Faisal maintained he had met the deceased only to discuss their relationship and never intended to kill her.
Deputy public prosecutor Mohamed Aznin Mohamed Ariff appeared for the prosecution while lawyer Diar Isda Yazmin Ismail represented Ahmad Faisal at today’s proceedings.
The new 30-year prison sentence is to run from the date of his arrest on May 24, 2018.
Ahmad Faisal’s only remaining legal recourse is a final appeal to the Federal Court.
The Sun Malaysia
