The Abolition of Mandatory Death Penalty Act 2023 has recently come into effect, offering the option of either the death penalty or imprisonment of not less than 30 years and not more than 40 years, along with caning, for murder convictions. However, in a recent case, the Court of Appeal judges unanimously decided that only the death penalty was appropriate for a group of six individuals accused of murder. The judges listed nine factors that contributed to the heavy penalty, including the cruel actions taken against the victim and the refusal to seek medical attention despite the severity of his injuries.
The High Court had initially convicted the six accused of the lesser charge of culpable homicide, citing a lack of evidence to prove intent to cause death. However, the Court of Appeal overturned this decision, stating that the prosecution only needed to show intent to cause bodily injury. The court found that the actions of the accused, which resulted in severe burns to the victim, were sufficient to cause death. As a result, five of the accused were convicted of murder, while the sixth individual was found guilty of abetting the crime.
The Court of Appeal judges highlighted the particularly heinous nature of the crime, including the victim being bound and subjected to torture with a hot iron, resulting in 90 burn marks on his body. The accused were also criticized for hiding the victim from teachers and refusing to seek medical attention despite the severity of his injuries. These actions contributed to the court’s decision to impose the death penalty on the five accused, while the sixth individual was found guilty of murder for his role in orchestrating the crime.
The Court of Appeal’s decision marked a departure from the High Court’s ruling and emphasized the severity of the actions taken by the accused in causing the victim’s death. By focusing on the intent to cause bodily harm and the resulting severe burns inflicted on the victim, the court found all four elements of the murder charge to be present. This led to the conviction of five of the accused for murder, highlighting the brutal and unforgivable nature of the crime that took place.
The case underscores the importance of holding individuals accountable for their actions and ensuring justice for victims of heinous crimes. The Court of Appeal’s decision serves as a strong deterrent against such acts of violence, sending a clear message that such behavior will not be tolerated. By imposing the death penalty on those responsible for the murder, the court has demonstrated its commitment to upholding the rule of law and protecting the rights of individuals to live free from harm and violence.
