PENDAKWARAYA 1. ) Abu Bakar bin Mahamad 2. ) Siti Syariza binti Ibrahim

PENDAKWARAYA 1. ) Abu Bakar bin Mahamad 2. ) Siti Syariza binti Ibrahim

The court convicted both accused of murder under s.302 because the prosecution proved death by blunt force trauma with ligature strangulation, established that the injuries inflicted were sufficient in the ordinary course of nature to cause death (s.300(c)), and proved that first and second accused shared a common intention (s.34) to commit the acts leading to death; accomplice evidence was corroborated by independent witnesses and the defence failed to raise a reasonable doubt.

Citation
JA-45B-12-06/2017 (Mahkamah Tinggi)
Parties
Prosecutor: PUBLIC PROSECUTOR; First Accused: ABU BAKAR BIN MAHAMAD; Second Accused: SITI SYARIZA BINTI IBRAHIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 December 2020
Case Number
JA-45B-12-06/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (section 302 Penal Code) / Judgment and Sentencing (conviction After Trial)
Outcome
Both accused found guilty of murder (section 302 Penal Code)
Legal Topics
Murder, Common Intention (section 34 Penal Code), Prima Facie / Section 180 CPC, Culpable Homicide Vs Murder (ss 299/300 Penal Code), Accomplice Corroboration, Circumstantial Evidence, Sentencing Death Penalty
Source Language
Malay/English
Criminal Law Evidence Law Forensic Pathology Murder Common Intention (section 34 Penal Code) Prima Facie / Section 180 CPC Culpable Homicide Vs Murder (ss 299/300 Penal Code) Accomplice Corroboration +2 more

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Parties

PUBLIC PROSECUTOR

Prosecutor

ABU BAKAR BIN MAHAMAD

First Accused

SITI SYARIZA BINTI IBRAHIM

Second Accused

Procedural Posture

Criminal Murder (section 302 Penal Code) / Judgment and Sentencing (conviction After Trial)

Legal Issues

  1. 1 Whether prosecution established a prima facie case at close of prosecution (s.180 CPC)
  2. 2 Whether the elements of murder under s.300(c) Penal Code were satisfied
  3. 3 Whether common intention under s.34 Penal Code was proved

Ratio Decidendi

The court convicted both accused of murder under s.302 because the prosecution proved death by blunt force trauma with ligature strangulation, established that the injuries inflicted were sufficient in the ordinary course of nature to cause death (s.300(c)), and proved that first and second accused shared a common intention (s.34) to commit the acts leading to death; accomplice evidence was corroborated by independent witnesses and the defence failed to raise a reasonable doubt.

Court Disposition

Both accused found guilty of murder (section 302 Penal Code)

Orders

  • First accused Abu Bakar bin Mahamad convicted under section 302 Penal Code
  • Second accused Siti Syariza binti Ibrahim convicted under section 302 Penal Code