The death penalty was upheld yesterday for a man convicted of raping and killing a Malaysian university student in 2020, the first such sentencing since the Constitutional Court’s ruling last year that the death penalty should only be used in the most extreme cases.
The ruling was revisited by the High Court’s Kaohsiung branch after aspects of its previous verdict were overturned by the Supreme Court.
However, the High Court again ruled that Liang Yu-chih (梁育誌) would be sentenced to death, as factors in his crime did not fall below the conditions required by the Constitutional Court ruling in September last year.
Photo: CNA
The case was referred for appeal as required by law.
There are three reasons for the latest ruling, said Lee Shu-hui (李淑惠), administrative head of the Kaohsiung branch.
First, the crime was premeditated and a lot of time was spent planning it, Lee said.
Second, the cruelty and maliciousness of the crime meet the criteria of the “most serious circumstances” as required by the Constitutional Court ruling, she said.
Third, Liang found himself in financial hardship and had stated he wanted to “experience something thrilling so he would die with no regrets,” she added.
The High Court found that Liang had an antisocial personality disorder that was unresponsive to treatment, so was a high risk of reoffending, especially sexual assault, making him unsuitable for rehabilitation, she said.
In the first and second trials, the Ciaotou District Court and the High Court sentenced Liang to death over charges including attempted forcible sexual intercourse, forcible sexual intercourse, robbery homicide, intentional homicide and abandonment of a body.
The Supreme Court overturned aspects of the second conviction, saying that the charge of abandoning a body was confirmed, but the sexual assault and murder charges should be retried.
Liang’s legal team argued that the killing was not intentional, while the Supreme Court cited insufficient investigation to prove that all aspects of the crime were premeditated.
The Supreme Court also requested that the risk of reoffending be reassessed.
The case dates back to Oct. 28, 2020, when Liang attacked a Malaysian student walking alone through an underpass, court documents from the most recent trial showed.
He used a rope to capture her around the neck before raping her, strangling her to death and dumping her body on Dagangshan (大崗山) in Kaohsiung’s Alian District (阿蓮), the documents showed.
Liang, who is from Alian, found the dimly lit area a 10-minute drive from his house in Tainan’s Guiren District (歸仁), where students from Chang Jung Christian University often passed by, the documents showed.
Liang used the rope to strangle the woman, tying it in such a way that required both hands and considerable strength, before applying a lot of force, crushing her jugular, carotid artery and trachea, and damaging her vocal cords, all of which constitutes intentional murder with significant force, they showed.
Liang had inserted an unknown cylindrical object into the woman’s vagina, which forced air into her uterus causing an embolism in her heart and severe bleeding in her vagina and bladder, actions that were extreme and malicious, and justified the death sentence, they showed.
Additional reporting by CNA
Taiwan would benefit from more integrated military strategies and deployments if the US and its allies treat the East China Sea, the Taiwan Strait and the South China Sea as a “single theater of operations,” a Taiwanese military expert said yesterday. Shen Ming-shih (沈明室), a researcher at the Institute for National Defense and Security Research, said he made the assessment after two Japanese military experts warned of emerging threats from China based on a drill conducted this month by the Chinese People’s Liberation Army’s (PLA) Eastern Theater Command. Japan Institute for National Fundamentals researcher Maki Nakagawa said the drill differed from the
‘WORSE THAN COMMUNISTS’: President William Lai has cracked down on his political enemies and has attempted to exterminate all opposition forces, the chairman said The legislature would motion for a presidential recall after May 20, Chinese Nationalist Party (KMT) Chairman Eric Chu (朱立倫) said yesterday at a protest themed “against green communists and dictatorship” in Taipei. Taiwan is supposed to be a peaceful homeland where people are united, but President William Lai (賴清德) has been polarizing and tearing apart society since his inauguration, Chu said. Lai must show his commitment to his job, otherwise a referendum could be initiated to recall him, he said. Democracy means the rule of the people, not the rule of the Democratic Progressive Party (DPP), but Lai has failed to fulfill his
A fugitive in a suspected cosmetic surgery fraud case today returned to Taiwan from Canada, after being wanted for six years. Internet celebrity Su Chen-tuan (蘇陳端), known as Lady Nai Nai (貴婦奈奈), and her former boyfriend, plastic surgeon Paul Huang (黃博健), allegedly defrauded clients and friends of about NT$1 billion (US$30.66 million). Su was put on a wanted list in 2019 when she lived in Toronto, Canada, after failing to respond to subpoenas and arrest warrants from the Taipei District Prosecutors’ Office. Su arrived at Taiwan Taoyuan International Airport at 5am today on an EVA Air flight accompanied by a
A rally held by opposition parties yesterday demonstrates that Taiwan is a democratic country, President William Lai (賴清德) said yesterday, adding that if opposition parties really want to fight dictatorship, they should fight it on Tiananmen Square in Beijing. The Chinese Nationalist Party (KMT) held a protest with the theme “against green communists and dictatorship,” and was joined by the Taiwan People’s Party. Lai said the opposition parties are against what they called the “green communists,” but do not fight against the “Chinese communists,” adding that if they really want to fight dictatorship, they should go to the right place and face