A three-member review panel chaired by Chief Justice Tengku Maimun Tuan Mat said Lim Long Chuan’s jail term would begin from April 10, 2013, a year after the incident took place.
However, Lim was spared the mandatory minimum 12 strokes of the rotan as he is 65 years old.
Under Section 288 of the Criminal Procedure Code, whipping is only meted out to men below the age of 50.
The panel, which also comprised Justices Nordin Hassan and Abu Bakar Jais, allowed Lim’s review application under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.
On April 22, 2015, the High Court in Kuala Lumpur sentenced Lim to death after he pleaded guilty to firing a Smith & Wesson pistol at Rahmat Jul during a robbery at a cyber cafe at Taman Jinjang Baru in Sentul at around 6.30am on Aug 27, 2012.
Lim was charged under Section 3 of the Firearms (Increased Penalties) Act 1971, which carried the death sentence on conviction.
The Federal Court affirmed Lim’s death penalty on Jan 15, 2019.
However, the law, which was amended last year, now gives judges the discretion to impose the death penalty or a jail term of between 30 and 40 years.
Earlier, in mitigation, lawyer KA Ramu asked for his client to be given a 30-year jail term as he had already been in prison for 11 years and would die there if a longer custodial sentence was imposed.
“A custodial sentence should be reasonable and should take into account the life expectancy of a Malaysian man at 70,” he said.
Ramu also said this was a unique case as Lim had pleaded guilty to the charge before the trial started in the High Court although the plea was rejected by the presiding judge.
The judge only accepted the plea after five prosecution witnesses had completed their testimony.
“The death sentence was imposed only after the trial court was satisfied that the plea was unconditional and that Lim was aware he would be sentenced to death,” the lawyer said, adding that his client’s decision to plead guilty at the earliest opportunity showed his remorse.
Deputy public prosecutor Fairuz Johari agreed that this was a unique case but said Lim’s action had led to the loss of life of an innocent victim.
He said an accused would also be charged under the section if the discharge of a firearm only injures a victim and even if shots fired miss their target.
“We urge this court to impose the maximum 40 years’ jail term as he fired two fatal shots at the victim,” he said.
Fairuz also said Lim could have faced a maximum 40 years’ imprisonment if he was charged with murder and had his review application come under that offence.