PENDAKWARAYA MUHAMMAD SIDDIQ BIN ABDULLAH

PENDAKWARAYA MUHAMMAD SIDDIQ BIN ABDULLAH

On maximum evaluation the prosecution proved beyond reasonable doubt that the deceased died from multiple blunt force trauma inflicted by the accused (supported by dying declaration, DNA linking accused and deceased to weapons and clothing, pathology consistent with inflicted injuries) and that the injuries were inflicted with intent sufficient under limb (c) of s.300 Penal Code; defences (intoxication, incapacity, alibi) failed to raise reasonable doubt; conviction and mandatory death sentence under s.302 followed.

Citation
BA-45B-61-12/2017 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Siddiq bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 September 2020
Case Number
BA-45B-61-12/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (s.302 Penal Code) / Judgment and Sentencing (conviction)
Outcome
Accused convicted of murder under s.302 of the Penal Code
Legal Topics
Murder, Dying Declaration, DNA Evidence, Circumstantial Evidence, Intoxication, Prima Facie, Sentencing Death
Source Language
Malay/English
Criminal Law Forensic Evidence Evidence Law Murder Dying Declaration DNA Evidence Circumstantial Evidence Intoxication +2 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Siddiq bin Abdullah

Accused

Procedural Posture

Criminal Murder (s.302 Penal Code) / Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Whether a prima facie case was made out under s.180 CPC
  2. 2 Whether the deceased died from injuries inflicted by the accused (causation)
  3. 3 Identification of the assailant and weight of dying declaration under s.32 Evidence Act 1950

Ratio Decidendi

On maximum evaluation the prosecution proved beyond reasonable doubt that the deceased died from multiple blunt force trauma inflicted by the accused (supported by dying declaration, DNA linking accused and deceased to weapons and clothing, pathology consistent with inflicted injuries) and that the injuries were inflicted with intent sufficient under limb (c) of s.300 Penal Code; defences (intoxication, incapacity, alibi) failed to raise reasonable doubt; conviction and mandatory death sentence under s.302 followed.

Court Disposition

Accused convicted of murder under s.302 of the Penal Code

Orders

  • Convicted of murder contrary to s.302 Penal Code
  • Sentence: Death by hanging (mandatory)