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Kota Kinabalu: A 28-year-old man escaped the gallows after the Court of Appeal commuted his death sentence to 35 years and 12 lashes of the cane for murdering his neighbour in Kudat.

A three-member bench comprising Justices Datuk Ravinthran N. Paramaguru, Datuk Mohd Nazlan Mohd Ghazali and Datuk Dr. Choo Kah Sing commuted Hibir Azlan’s death sentence after hearing his case.

Hibir was ordered to serve the imprisonment sentence from the date of his arrest.

He was on Dec 7, 2021 sentenced to death by the High Court here after he was found guilty of murdering Jotin Yojunpin, 45, at 1pm on Dec 29, 2016 at an unnumbered house at Jalan Garau, Kampung Narandang in Kudat.

Earlier, counsel Arthur Borine informed the court that their representation letter to the Deputy Public Prosecutor’s office for Hibir to be following an amendment made to Section 302 of the Penal Code, has been accepted.

The prosecution as respondent confirmed the matter.

Following the amendment, the court can impose a jail term of not less than 30 years and not exceeding 40 years on offenders if not given the death sentence.

Male offenders shall also be punished with whipping of not less than 12 strokes.