MOHD FADIL BIN ZAINAN

MOHD FADIL BIN ZAINAN

Prosecution failed to prove beyond reasonable doubt that the injuries inflicted by the accused were the operating and substantial cause of death and that the accused had the requisite intention for murder; medical evidence established epilepsy and stroke as plausible and overwhelming causes breaking the chain of causation, therefore a prima facie case for murder under section 302 Penal Code was not made out but a prima facie case for culpable homicide not amounting to murder under section 304(b) Penal Code was established; the court amended the charge, the accused pleaded guilty and was convicted and sentenced to 10 years imprisonment effective 12 January 2018.

Citation
AB-45B-2-06/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Fadil bin Zainan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 October 2021
Case Number
AB-45B-2-06/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Accused convicted on amended charge of culpable homicide not amounting to murder under section 304(b) Penal Code and sentenced to imprisonment for 10 years effective from 12 January 2018.
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Causation, Mens Rea, Charge Amendment, Section 304(b) Penal Code, Section 302 Penal Code
Source Language
Malay/English
Criminal Law Homicide Forensic/medical Evidence Procedure Murder Culpable Homicide Not Amounting to Murder Causation Mens Rea +3 more

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Parties

Public Prosecutor

Prosecutor

Mohd Fadil bin Zainan

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Did a murder occur or was it culpable homicide not amounting to murder?
  2. 2 Did the accused inflict injuries sufficient in the ordinary course of nature to cause death?
  3. 3 Was there the requisite mens rea (intention) for murder?

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that the injuries inflicted by the accused were the operating and substantial cause of death and that the accused had the requisite intention for murder; medical evidence established epilepsy and stroke as plausible and overwhelming causes breaking the chain of causation, therefore a prima facie case for murder under section 302 Penal Code was not made out but a prima facie case for culpable homicide not amounting to murder under section 304(b) Penal Code was established; the court amended the charge, the accused pleaded guilty and was convicted and sentenced to 10 years imprisonment effective 12 January 2018.

Court Disposition

Accused convicted on amended charge of culpable homicide not amounting to murder under section 304(b) Penal Code and sentenced to imprisonment for 10 years effective from 12 January 2018.

Orders

  • Amended charge under section 304(b) Penal Code read to the accused and marked P29
  • Accused pleaded guilty to the amended charge and was convicted