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2016 MarsdenLR 1524

COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
MUHAMMAD KASYFULLAH KASSIM – Respondent
[Criminal Appeal No: W-05(H)-190-05-2016]



Petitioner Advocates:Nurshafini Mustafha ,Respondent Advocate: Azizzul Shariman Mat Yusoff

Participation in terrorist acts justifies severe sentencing to uphold public safety.

Headnote:The Penal Code's provisions on terrorism, specifically sections 130J(1)(a) and 130J(1)(b), were applied where the respondent supported the Islamic State (IS) through actions between December 2013 and April 2014. The case established that the respondent's involvement in terrorism warranted a comprehensive judicial review. The court determined that the respondent’s conduct merited a 12-year imprisonment sentence due to the serious nature of the offenses.

[27] We now propose to examine the sentences meted out by our court in relation to offences under the Penal Code under Bab VIA - "Offences Relating to Terrorism" to determine the trend of sentencing policy. In the court of Appeal case of PP v. Muamar Gadaffi Mohamad Shafawi [Criminal Appeal No: W-05(H)-87-02-2016] (unreported), the offence was under s 130F of the . The accused opened an account with the social Facebook in the name of "Iskandar Dzulqarnain IS" on 16 May 2012. Its purpose was to propagate militant IS ideology to friends on the social website. The accused also opened a second account on Facebook in the name of "Ammar Rasuli Al-Zihadi" for the same purpose. Upon pleading guilty, the High court Judge sentenced the accused to five years' imprisonment. On appeal, on 25 April 2016, this court allowed the Prosecutor's appeal and set aside the sentence imposed by High court. The accused was sentenced to 15 years' imprisonment from the date of arrest.

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