The Palace of Justice building, which houses Malaysia’s Court of Appeal and Federal Court, in Putrajaya

MALAYSIA: COURT OF APPEAL SPARES FORMER STUDENT DEATH PENALTY OVER MURDER OF PREGNANT GIRLFRIEND

May 14, 2026:

Malaysia’s Court of Appeal has commuted the death sentence imposed on a former college student convicted of murdering his pregnant girlfriend, replacing it with 40 years’ imprisonment and 12 strokes of the cane.
A three-member bench chaired by Justice Azman Abdullah allowed the appeal by Fakrul Aiman Sajali on 14 May 2026 and substituted the death penalty handed down earlier by the High Court.
“We have considered the appellant’s age at the time of the offence and the law which gives the court the option to impose the death penalty or a jail term,” Justice Azman said while delivering the unanimous decision.
Justices Ahmad Kamal Shahid and Radzi Harun were also on the bench.
The court said the offender was only 20 years old when the crime was committed in May 2023.
Under amendments introduced through the Abolition of Mandatory Death Penalty Act 2023, Malaysian courts now have discretion either to retain capital punishment or impose imprisonment ranging from 30 to 40 years.
Male offenders below the age of 50 who are spared the death penalty may also receive 12 strokes of the cane.
During mitigation, defence counsel Muhammad Nor Tamrin argued that the High Court had imposed an excessively harsh sentence on his client.
“Muhammad Fakrul Aiman pleaded guilty before the trial began, and he was only 20 years old at the time of the incident,” counsel submitted.
Nor Tamrin further argued that a custodial sentence would be appropriate because his client qualified as a young offender.
He also urged the court to consider Section 293 of the Criminal Procedure Code, which provides alternative sentencing options for offenders aged between 18 and 21.
The provision allows courts to impose probation, community service or other rehabilitative measures instead of conventional punishment.
Deputy public prosecutor Abdul Malik Ayob, however, argued that Section 293 was intended for less serious crimes.
“The offence committed is serious, and his young age should not be considered to alter the sentence,” he told the court.
The prosecution also sought to maintain the death penalty, describing the killing as exceptionally brutal.
On 15 October last year, the High Court in Klang sentenced Fakrul to death after he pleaded guilty to murdering Nur Anisah Abdul Wahab, 21.
The killing took place at Jalan Sungai Limau in Sabak Bernam between 8.30pm on 22 May and 8am on 23 May 2023.
The charge was framed under Section 302 of the Penal Code, which carries the death penalty upon conviction.
High Court judge Norliza Othman handed down the sentence after Fakrul maintained his guilty plea throughout proceedings.
In her judgment, Justice Norliza said the court accepted the accused’s unconditional plea and his acknowledgement that the prosecution’s facts and exhibits were accurate.
She described the murder as cruel and premeditated, saying the severity of the crime warranted a harsher punishment than cases involving spontaneous violence.
“The defendant took two lives,” the judge said, referring to the victim and her unborn child.
Court documents showed that the victim was 18 weeks pregnant at the time of her death.
According to the facts presented in court, Fakrul struck Nur Anisah on the head with a stick before dragging her into a drain.
He later stabbed her in the abdomen with a knife and slashed her neck.
A post-mortem conducted by the forensic department at Sungai Buloh Hospital confirmed extensive burn injuries covering most of the victim’s body.
Earlier media reports stated that a dispute linked to the victim’s out-of-wedlock pregnancy was believed to have triggered the killing.
The victim, who worked as a restaurant server, was reportedly stabbed, mutilated and set on fire near an oil palm plantation area along Jalan Sungai Limau.