JUDGMENT
The Factual Background
[1] There are three related review applications before us made under r 137 of the Rules of the Federal Court 1995 ("RFC").
[2] In review Applications No 07-23-11/2024(W) ("Review No 23") and 07-24-11/2024(W) ("Review No 24"), the applicants are Mohd Helmi Anuar bin Mohd Kassim ("Helmi") and Kumanaan a/l Anthony Vincent ("Kumanaan") who were respectively originally convicted and sentenced to death for two charges under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("DDA"). However, both of them made applications to review the death sentence ordered by this Court pursuant to the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 ("the 2023 Act").
[3] Pursuant to the said applications, on 16 October 2024, Helmi was resentenced to 30 years' imprisonment and 12 strokes of whipping for each of the two charges under s 39B of the DDA. On 17 October 2024, Kumanaan was resentenced to 30 years' imprisonment and 12 strokes of whipping for each of the two charges under s 39B of the DDA.
[4] For review Application No 05(RJ)-6-11/2024(C) ("Review No 6"), Sivachandran a/l S. Jayarajah ("Sivachandran") was convicted under s 302 of the Penal Code for murder and sentenced to death by the High Court on 28 February 2019. Subsequently, an appeal was filed to the Court of Appeal, and it was dismissed. At the Federal Court, Sivachandran's sentence was converted from a mandatory death penalty to 30 years' imprisonment and 12 strokes of whipping.
The Pokok Sena Incident