PENDAKWARAYA 1. WEDDRIN BIN MOJINGKIN 2. JOSHUA PERAIT 3. MUHAMMAD BIN BUNYAMIN

PENDAKWARAYA 1. WEDDRIN BIN MOJINGKIN 2. JOSHUA PERAIT 3. MUHAMMAD BIN BUNYAMIN

Appeal dismissed. Primary procedural ground: notice of appeal was defective because it sought to appeal a conviction that was never recorded, rendering the appeal incompetent. On merits the High Court found no basis to disturb Sessions Judge's factual findings: witness inconsistencies (notably SP3), corroborating prosecution witnesses supporting an unguarded fall during a struggle, and medical evidence permitting death by unguarded fall meant prosecution failed to prove guilt beyond reasonable doubt; the acquittal and discharge were therefore upheld.

Citation
JA-42S-1-01/2018 (Mahkamah Tinggi)
Parties
Appellant / Prosecution: Pendakwa Raya (Perayu); Respondent / Accused (okt 1): Weddrin bin Mojingkin; Respondent / Accused (okt 2): Joshua Perait; Respondent / Accused (okt 3): Muhammad bin Bunyamin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 July 2019
Case Number
JA-42S-1-01/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal by Prosecution Against Acquittal (section 304(b) Penal Code) / High Court Hearing of Prosecution's Appeal Against Sessions Court Acquittal
Outcome
Appeal dismissed; acquittal and discharge of the respondents upheld
Legal Topics
Culpable Homicide Not Amounting to Murder (section 304(b) Kk), Joint Liability (section 34 Kk), Notice of Appeal Formalities, Appellate Review of Factual Findings, Credibility Assessment, 'unguarded Fall' Defence
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Law Culpable Homicide Not Amounting to Murder (section 304(b) Kk) Joint Liability (section 34 Kk) Notice of Appeal Formalities Appellate Review of Factual Findings Credibility Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya (Perayu)

Appellant / Prosecution

Weddrin bin Mojingkin

Respondent / Accused (okt 1)

Joshua Perait

Respondent / Accused (okt 2)

Muhammad bin Bunyamin

Respondent / Accused (okt 3)

Procedural Posture

Criminal Appeal by Prosecution Against Acquittal (section 304(b) Penal Code) / High Court Hearing of Prosecution's Appeal Against Sessions Court Acquittal

Legal Issues

  1. 1 Whether the notice of appeal was defective and rendered the appeal incompetent
  2. 2 Whether the prosecution proved the elements of Section 304(b) beyond reasonable doubt
  3. 3 Whether the trial judge erred in fact or law in accepting/rejecting particular witness evidence (notably SP3)

Ratio Decidendi

Appeal dismissed. Primary procedural ground: notice of appeal was defective because it sought to appeal a conviction that was never recorded, rendering the appeal incompetent. On merits the High Court found no basis to disturb Sessions Judge's factual findings: witness inconsistencies (notably SP3), corroborating prosecution witnesses supporting an unguarded fall during a struggle, and medical evidence permitting death by unguarded fall meant prosecution failed to prove guilt beyond reasonable doubt; the acquittal and discharge were therefore upheld.

Court Disposition

Appeal dismissed; acquittal and discharge of the respondents upheld

Orders

  • Appeal dismissed by High Court dated 2 June 2020
  • Order of acquittal and discharge by Sessions Court (dated 27.12.2017) upheld