PENDAKWARAYA Tn. Faizal@Amrin Bin Noor Hadi Public Prosecutor [Attorney General’s Chambers] 1. ) For the 1st Respondent En. Bernard George a/l George Mathews [Messrs. Tay, Bernard & Cheong] For the 2nd Respondent En. Norman J Fernandez [Mes

PENDAKWARAYA Tn. Faizal@Amrin Bin Noor Hadi Public Prosecutor [Attorney General’s Chambers] 1. ) For the 1st Respondent En. Bernard George a/l George Mathews [Messrs. Tay, Bernard & Cheong] For the 2nd Respondent En. Norman J Fernandez [Mes

Prosecution failed to prove beyond reasonable doubt that the accused individually or jointly inflicted the specific chest impact causing the fatal blunt force trauma; medical evidence showed a cardiac contusion but available eyewitness and circumstantial evidence did not establish timing, mechanism or sufficient force to the chest attributable to the accused and viable alternative explanations (prior injuries, accidents, cumulative infections, and successive CPR) created reasonable doubt as to actus reus and mens rea for murder; therefore acquittal was required.

Citation
45B-05-03/2017 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: MOHD SAPAWI BIN AB TALIB; Accused: SHUKUR BIN AB TALIB; Accused: ROSHIMA BT ABDULLAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2020
Case Number
45B-05-03/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Murder Charge / Judgment (acquittal)
Outcome
Acquitted and discharged
Legal Topics
Murder, Culpable Homicide, Common Intention, Circumstantial Evidence, Prima Facie Test, Section 302 Penal Code, Section 34 Penal Code, Section 300 Penal Code, Section 299 Penal Code
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Murder Culpable Homicide Common Intention Circumstantial Evidence Prima Facie Test +4 more

Case Brief

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Parties

Public Prosecutor

Prosecution

MOHD SAPAWI BIN AB TALIB

Accused

SHUKUR BIN AB TALIB

Accused

ROSHIMA BT ABDULLAH

Accused

Procedural Posture

Criminal Trial Murder Charge / Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved murder under section 302 Penal Code
  2. 2 Whether injuries inflicted by accused caused fatal blunt force trauma to chest
  3. 3 Whether mens rea for murder under s300(c) was established

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that the accused individually or jointly inflicted the specific chest impact causing the fatal blunt force trauma; medical evidence showed a cardiac contusion but available eyewitness and circumstantial evidence did not establish timing, mechanism or sufficient force to the chest attributable to the accused and viable alternative explanations (prior injuries, accidents, cumulative infections, and successive CPR) created reasonable doubt as to actus reus and mens rea for murder; therefore acquittal was required.

Court Disposition

Acquitted and discharged

Orders

  • Accused MOHD SAPAWI BIN AB TALIB, SHUKUR BIN AB TALIB and ROSHIMA BT ABDULLAH are acquitted and discharged of the charge under section 302 Penal Code
  • No further action ordered