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Fixed 30-year jail term to punish drug traffickers should be maintained, say lawyers
Fixed 30-year jail term to punish drug traffickers should be maintained, say lawyers

Free Malaysia Today

time09-07-2025

  • Free Malaysia Today

Fixed 30-year jail term to punish drug traffickers should be maintained, say lawyers

Section 3 of the Criminal Justice Act 1953 deems 'life imprisonment' to be a fixed 30-year jail term. (File pic) PUTRAJAYA : Two lawyers have cautioned against amending the current sentencing framework that permits judges to impose a fixed, lengthy prison term on drug traffickers in place of the death penalty, arguing that the offence represents the number one menace to society. They said the discretion to impose shorter jail terms for traffickers could lead to legal inconsistencies, since drug possession already carries a mandatory minimum sentence upon conviction. Lawyer N Sivananthan said the law was amended two years ago to allow judges the option of imposing either the death penalty or a 30-year jail term for trafficking offences. The amendment also provides for men below the age of 50 years to be given a minimum 12 strokes of the rotan. 'The 30-year jail term for trafficking should be maintained as drug trafficking is a serious offence and a threat to society. Parliament need not amend the relevant laws,' he said. The lawyer was commenting after the Federal Court ruled last week that judges had no jurisdiction to impose a shorter jail sentence on drug traffickers as the term of imprisonment is fixed by law. A three-member panel chaired by Justice Nordin Hassan said the hands of judges were tied as Section 3 of the Criminal Justice Act 1953 deems 'life imprisonment' to be a fixed 30-year jail term. Nordin's remarks came when dismissing an appeal by Chui Kah Fah, a former car wash attendant, against a sentence for trafficking approximately 7.3kg of methamphetamine. Sivananthan said the Dangerous Drugs Act 1952 also gave judges the discretion to impose a jail term ranging from a statutory minimum of five years to a maximum of 30 years for those found guilty of drug possession. 'It may lead to an absurdity if the courts are empowered to impose a minimum sentence for both trafficking and possession of drugs,' he said. The lawyer said traffickers should be grateful whenever judges exercise their discretion and spare their lives. Lawyer Salim Bashir said the fixed jail term for traffickers was reasonable compared to murderers, who could be kept behind bars for up to 40 years. 'Traffickers only spend 20 years in jail as they get one-third remission for good behaviour while in prison,' said Salim, who is also a former Bar Council president. He said the fixed jail term could also encourage traffickers to plead guilty in the High Court, which in turn will help the disposal of cases and reduce the number of appeals. 'I believe the trial court will determine the measure of punishment by balancing public interest and the welfare of the accused, given the seriousness of the offence,' he said. On May 19, deputy prime minister Ahmad Zahid Hamid said drug abuse in Malaysia had reached a critical level and now poses a serious threat to public safety, economic stability, and the country's social structure. Citing the latest data, he said there were 192,857 drug users and addicts in the country, 61% of whom were aged between 15 and 39 as of last year.

Bryan Kohberger's life behind bars may be in notorious prison
Bryan Kohberger's life behind bars may be in notorious prison

Yahoo

time06-07-2025

  • Yahoo

Bryan Kohberger's life behind bars may be in notorious prison

(NewsNation) — Bryan Kohberger will spend the rest of his life in a facility considered one of the worst prisons in America after he confessed to murdering four college students. Kohberger took a plea deal, agreeing to serve four life sentences for the murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. He confessed to killing them in court, avoiding a trial where prosecutors intended to seek the death penalty. Kohberger has been held in Ada County Jail under maximum security while awaiting trial. He may be transferred to Idaho's toughest prison after his sentencing on July 23, prison consultant Leonard Vare told NewsNation's Ashleigh Banfield. Trump's tax cuts: Who will it benefit? The Idaho Maximum Security Institution opened in 1989 and holds the most violent and disruptive male inmates in the state. Located in Kuna, Idaho, the prison is known for harsh conditions, with lockdowns and solitary confinement used frequently to control residents. Kohberger's case is already likely to be familiar to others in the facility, Vare said. 'Because of the notoriety that this case brings, everyone in the Idaho prison system, all the inmates and all the staff, are waiting to see what happens next,' Vare said. Inmates spend most of their time in cells, with few chances for recreation, rehabilitation programs or social interaction. There are reports of inmates being in solitary confinement for 23 hours a day, showering just three times a week and eating alone in their cells. Named one of the 15 worst prisons in America by Security Journal Americas in 2024, the prison joined the ranks of other notorious facilities, including Attica Correctional Facility in New York, San Quentin in California and Louisiana State Penitentiary, also known as 'The Farm.' Texas 4-year-old was left in hot van after field trip: Affidavit IMSI has been criticized for harsh treatment and inadequate mental healthcare, which, combined with the psychological distress from extensive solitary confinement, can lead to a cycle of worsening mental health. The prison is also known for violence between inmates and allegations of excessive force by staff, made worse by overcrowding that can raise tensions. In 2024, 90 inmates went on a hunger strike for better conditions, complaining of recreation cages covered in feces, long stays in isolation, delays in medical care and an HVAC system so dirty they called it a biohazard. The prison admitted that it had halted many services, including access to some religious practices, in response to staff shortages brought on by the COVID-19 pandemic. The Idaho Department of Corrections claimed that those behind the protest were attempting to force staff to segregate housing by gang and racial affiliation. Man charged for possession of hundreds of pounds of illegal fireworks in San Francisco IMSI is designed to hold up to 549 inmates and is home to Idaho's death row, where all eight of the state's male inmates who are facing death are held. Kohberger won't be the only notorious inmate in the facility. Chad Daybell, on death row for murdering his first wife and his second wife's two children, is also housed at ISMI. Serial killers Gerald Pizzuto, convicted of murdering four people, and Thomas Eugene Creech, who may have murdered up to 43 people but was only convicted in five cases, are also held in the prison's death row. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Vietnam tycoon will not face death penalty over $27 billion fraud
Vietnam tycoon will not face death penalty over $27 billion fraud

Arab News

time25-06-2025

  • Business
  • Arab News

Vietnam tycoon will not face death penalty over $27 billion fraud

HANOI: A Vietnamese property tycoon sentenced to death for fraud totaling $27 billion will no longer face execution, her lawyer said Wednesday, as the country abolished capital punishment for eight crimes, including property embezzlement. Property developer Truong My Lan's lawyer Giang Hong Thanh said that her death penalty 'will be converted to life imprisonment... I informed Ms. Lan this morning, she is very happy.' Vietnam on Wednesday abolished the death penalty for eight crimes including espionage, graft and attempting to overthrow the government, according to state media. Lan, 68, was convicted last year of swindling money from Saigon Commercial Bank (SCB) – which prosecutors said she controlled – and sentenced to death for fraud with damages totaling $27 billion – equivalent to around six percent of the country's GDP. She appealed the verdict in a month-long trial, but in December the court in Ho Chi Minh City determined that there was 'no basis' to reduce her sentence. But the court said Lan's sentence could be reduced to life imprisonment if she returned three quarters of the stolen assets. 'If Ms Lan compensates for three quarters of the losses along with some other conditions, she will continue to be considered for a further reduction of her sentence,' lawyer Thanh said Wednesday. Lan 'is still actively cooperating with state agencies of Vietnam and her partners to find ways to deal with (her) assets and restructure SCB to come to a final solution to the case.' Lan owned just five percent of shares in SCB on paper but courts concluded that she effectively controlled more than 90 percent through family, friends and staff. Tens of thousands of people who had invested their savings in the bank lost money, prompting rare protests in the communist nation. In a separate $17 billion money-laundering case, Lan had a life imprisonment sentence cut to 30 years on appeal in April. According to the amended penal code approved by the National Assembly Wednesday, the eight crimes no longer punishable by death include property embezzlement and bribe-taking. Under Vietnamese law, those sentenced to death for the eight crimes – which also include spying and anti-state activities – before July 1 will have their sentences converted to life imprisonment by the chief judge of the Supreme People's Court. Minister of Public Security Luong Tam Quang said 'the current structure of capital punishment was problematic and, in some cases, misaligned with evolving socio-economic conditions and the realities of crime prevention.' One of the reasons for the move given by Minister of Justice Nguyen Hai Ninh was that in most cases people sentenced to death for the above crimes were not actually executed. The number of executions has not been made public, but Amnesty International estimates more than 1,200 people were on death row in Vietnam by the end of 2024.

Vietnam tycoon spared death penalty in record US$27b fraud case after law change
Vietnam tycoon spared death penalty in record US$27b fraud case after law change

Malay Mail

time25-06-2025

  • Business
  • Malay Mail

Vietnam tycoon spared death penalty in record US$27b fraud case after law change

HANOI, June 25 — A Vietnamese property tycoon sentenced to death for fraud totalling US$27 billion (RM114 billion) will no longer face execution, her lawyer said Wednesday, as the country abolished capital punishment for eight crimes, including property embezzlement. Property developer Truong My Lan's lawyer Giang Hong Thanh told AFP that her death penalty 'will be converted to life imprisonment... I informed Ms Lan this morning, she is very happy.' Vietnam on Wednesday abolished the death penalty for eight crimes including espionage, graft and attempting to overthrow the government, according to state media. Lan, 68, was convicted last year of swindling money from Saigon Commercial Bank (SCB) — which prosecutors said she controlled — and sentenced to death for fraud with damages totalling US$27 billion — equivalent to around six percent of the country's GDP. She appealed the verdict in a month-long trial, but in December the court in Ho Chi Minh City determined that there was 'no basis' to reduce her sentence. But the court said Lan's sentence could be reduced to life imprisonment if she returned three quarters of the stolen assets. 'If Ms Lan compensates for three quarters of the losses along with some other conditions, she will continue to be considered for a further reduction of her sentence,' lawyer Thanh said Wednesday. Lan 'is still actively cooperating with state agencies of Vietnam and her partners to find ways to deal with (her) assets and restructure SCB to come to a final solution to the case.' Lan owned just five per cent of shares in SCB on paper but courts concluded that she effectively controlled more than 90 pe rcent through family, friends and staff. Tens of thousands of people who had invested their savings in the bank lost money, prompting rare protests in the communist nation. In a separate US$17 billion money-laundering case, Lan had a life imprisonment sentence cut to 30 years on appeal in April. According to the amended penal code approved by the National Assembly Wednesday, the eight crimes no longer punishable by death include property embezzlement and bribe-taking. Under Vietnamese law, those sentenced to death for the eight crimes — which also include spying and anti-state activities — before July 1 will have their sentences converted to life imprisonment by the chief judge of the Suprem People's Court. Minister of Public Security Luong Tam Quang said 'the current structure of capital punishment was problematic and, in some cases, misaligned with evolving socio-economic conditions and the realities of crime prevention.' One of the reasons for the move given by Minister of Justice Nguyen Hai Ninh was that in most cases people sentenced to death for the above crimes were not actually executed. The number of executions has not been made public, but Amnesty International estimates more than 1,200 people were on death row in Vietnam by the end of 2024. — AFP

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