Azahar Mohamed CJM (Majority):

Introduction

[1] There are four appeals before this court, which raise important constitutional issues and issues of paramount public interest pertaining to the mandatory death penalty. We sat in a quorum of nine to hear these appeals. The first appeal [No 05-76-04-2017(J)] is by Letitia Bosman. The second [No 05-179-08-2017(B)] is by Jorge Crespo Gomez. The third [No 05-214-09-2017(K)] is by Benjamin William Hawkes. The fourth [No 05(M)-118- 05-2018(B)] is by Pubalan Peremal. The Public Prosecutor is the respondent in all the four appeals.

[2] Letitia Bosman, Jorge Crespo Gomez and Benjamin William Hawkes were separately charged, convicted and sentenced to death by the High court for trafficking in dangerous drugs contrary to s 39B of the Dangerous Drugs Act 1952 (" DDA ").

[3] Pubalan Peremal was charged, convicted and sentenced to death by the High court for the offence of murder under s 302 of the Penal Code ("the Code").

[4] At all material times, the law makes it mandatory for courts to impose the death penalty for all offenders under s 39B of the DDA and s 302 of the Code ("the impugned provisions").

[5] All four appellants lost their a