A.M. Aunar v. Hon. Attorney-General – CA NO: 102/2009-2009

In the case between A.M. Aunar (Appellant) and the Hon. Attorney-General (Respondent representing the State), the court addressed the legality of a conviction and sentence for culpable homicide not amounting to murder and the appropriate commencement date for the sentence. It was held that, pursuant to section 359 of the Criminal Procedure Code, when a sentence is imposed, its commencement may be backdated to the date of conviction if circumstances warrant and no objection from the State exists. The principle reaffirmed is that sentencing orders may be modified regarding commencement dates upon appellate review for procedural fairness. The decision was guided by procedural statutory provisions and emphasized that appellate courts have the jurisdiction to alter the commencement date of a se