SRI RAHMADINI

SRI RAHMADINI

Court found prosecution failed to prove that reasonable steps were taken to procure the absent witness so statement ID32 was inadmissible; accepted unchallenged forensic psychiatric evidence that accused suffered adjustment disorder with depressed mood and pre‑eclampsia and had disturbed balance of mind at the time of the act; therefore the act amounted to infanticide under s.309A not murder, leading to conviction under s.309A and sentence of five years' imprisonment effective from remand date.

Citation
BA-45B-34-12/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Sri Rahmadini
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 February 2021
Case Number
BA-45B-34-12/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder Charge Reduced to Infanticide / Trial Judgment (conviction Under S.309 A); Appeal Filed by Public Prosecutor
Outcome
Accused convicted of infanticide under s.309A Penal Code; prosecution application to admit statement ID32 dismissed; sentence imposed.
Legal Topics
Murder, Infanticide (s.309 a Penal Code), Admissibility of Hearsay (s.32 Evidence Act 1950), Procedural Obligations to Procure Witnesses (cpc), Sentencing
Source Language
Malay/English
Criminal Law Evidence Law Forensic Psychiatry Murder Infanticide (s.309 a Penal Code) Admissibility of Hearsay (s.32 Evidence Act 1950) Procedural Obligations to Procure Witnesses (cpc) Sentencing

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Parties

Public Prosecutor

Prosecutor

Sri Rahmadini

Accused

Procedural Posture

Criminal Murder Charge Reduced to Infanticide / Trial Judgment (conviction Under S.309 A); Appeal Filed by Public Prosecutor

Legal Issues

  1. 1 Admissibility of statement ID32 under s.32 Evidence Act 1950 when witness is abroad
  2. 2 Whether accused's mental state at the time of the act reduces murder to infanticide under s.309A
  3. 3 Whether prosecution took all reasonable steps to procure absent witness and invoke CPC provisions

Ratio Decidendi

Court found prosecution failed to prove that reasonable steps were taken to procure the absent witness so statement ID32 was inadmissible; accepted unchallenged forensic psychiatric evidence that accused suffered adjustment disorder with depressed mood and pre‑eclampsia and had disturbed balance of mind at the time of the act; therefore the act amounted to infanticide under s.309A not murder, leading to conviction under s.309A and sentence of five years' imprisonment effective from remand date.

Court Disposition

Accused convicted of infanticide under s.309A Penal Code; prosecution application to admit statement ID32 dismissed; sentence imposed.

Orders

  • Statement ID32 inadmissible and excluded from evidence
  • Charge reduced to section 309A Penal Code (infanticide)