Death Penalty Malaysia & Death penalty in Australia - Law Assignment

Internal Code: MAS5825

Law Assignment :

Death Penalty Malaysia: Despite the current global trend towards the abolishment of capital punishment, the mandatory and automatic imposition of the death penalty continues to remain a law in Malaysia. In many parts of the world the nature of this tough sentencing is considered to be disproportionate due to its failure taking into account the different circumstances in which the crimes has been committed or other mitigating factors. The application of mandatory death penalty has been a fundamental element of the Malaysian government. There are currently 12 offences that are punishable by death in this country including use of gun to commit an offence, possession of a firearm or a bullet and drug trafficking, terrorism-related offences. The courts are also authorised to apply the death penalty to the number of other offences including kidnapping, rape treason too. However, most of the death penalties are applied to offenders found guilty of murder and drug trafficking (Kwai 1981). For instance, under Section 302 of the Malaysian Penal code individuals guilty of murder shall be punished by death. Moreover, judges in Malaysia are given discretionary power for an imposition of death penalty for attempted murder under section 307 of the Penal Code. Due to its geographical location, close to Thailand and Burma drug production, Malaysia has become a drug trafficking hub right the centre for major drug trade (Spencer and Navaratnam, 1981). Hence why it is not surprising that the addiction in the country is so widespread and anti-drug measures are popular in the Malaysian electorate (Shivadas, 1990). Section 39B of the Dangerous Drug Act 1952 In the Malaysian laws provides mandatory death sentence for drug trafficking. Within the act it is clarified the quantity of drug possession by the person in which if found will be sentenced to the death penalty; two hundred grams or more cannabis, 50 grams or more methamphetamine and fifty grams or more heroin. Moreover, under the Drug Act, the person found in possession of drugs has the burden of proof, which is completely against the international standards and the statement written in the Universal Declaration of Human rights. Within the UDHR states that any person charged with a criminal offence is presumed to be innocent until proved guilty. Clearly, the government is very stubborn in encountering drug traffickers; this is the most significant piece of legislation in the Malaysian laws with the aim to control drug trafficking. Other punishments include mandatory whipping for everyone convicted under the Dangerous Drugs Act 1952. Death penalty in Australia: In the nineteenth century at about 80 people were executed per year for committing crimes such as burglary, sexual harassment, murder and manslaughter (Potas& Walker, 1987). Fortunately, this is no longer happening. Similar to many other western countries, Australia to has abolished the death penalty. Yet, the topic remains controversial. Ronald Ryan was the last person hanged in Melbourne in Pentridge Prison in 1967 before the death penalty was abolished in 1985 (Mukherjee et, al., 1985). Since then, life imprisonment with strict security has become the most severe sanction authorised by the Australian law. For instance, under the Victorian Sentencing Act 1991 section 18(A) the court is permitted to sentence the convicted adult to the indefinite term of imprisonment for committing crimes such as murder, sexual harassment, rape, burglary. Other states too have similar laws sanctioning life imprisonment to serious offences. However, although capital punishment is abandoned in Australia, there is no guarantee that it would not be re-introduced again. Nor this means that death penalty would not be imposed on Australians travelling overseas. For instance, the execution of Barlow and Chambers who were both hanged in Malaysia in 1986 is a great illustration of capital punishment imposed on Australians in overseas. The concern is that every time a brutal crime is committed, the government, police, politicians and the members of public reopen the debate on reintroducing death penalty. For instance, in October 1986 30 council members voted anonymously to the press states as well as the federal government to hold a referendum reintroducing capital punishment in the country (Potas& Walker, 1987). Often, debates on the reintroduction of capital punishment are raised in respect of offences such as murder or rape. In Australia, some the laws designed for offenders committing serious crimes include the section 38 of the Crimes Act 1958 which authorises the court to sentence an offender found guilty of having committed rape to a maximum of twenty five years