1. ) ANGELA DEWI A/P GANAI SANNACY 2. ) VIJAYA A/L GANAI SANNACY

1. ) ANGELA DEWI A/P GANAI SANNACY 2. ) VIJAYA A/L GANAI SANNACY

The court found the prosecution proved all elements beyond reasonable doubt: death by blunt-force trauma, causation by acts of the accused inferred from circumstantial and last-seen evidence, recovery of the hammer and victim's chain linked to defendants, and injury pattern indicating force sufficient in ordinary course to cause death establishing mens rea under s300(c); common intention under s34 was inferred from participation and conduct; unsworn denials failed to raise reasonable doubt — conviction for murder under s302 read with s34 and imposition of death sentence was warranted.

Citation
BA-45B-32-10/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Angela Dewi a/p Ganai Sannacy; Accused: Vijaya a/l Ganai Sannacy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 September 2023
Case Number
BA-45B-32-10/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder / Judgment (conclusion of Trial and Sentencing)
Outcome
Accused found guilty of murder under section 302 read with section 34; sentenced to death (hanging)
Legal Topics
Murder, Culpable Homicide, Common Intention (s34), Last Seen Theory, Circumstantial Evidence, Mens Rea, Unsworn Dock Statements, Sentencing After Abolition of Mandatory Death
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Forensic Pathology Murder Culpable Homicide Common Intention (s34) Last Seen Theory +4 more

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Parties

Pendakwa Raya

Prosecutor

Angela Dewi a/p Ganai Sannacy

Accused

Vijaya a/l Ganai Sannacy

Accused

Procedural Posture

Criminal Murder / Judgment (conclusion of Trial and Sentencing)

Legal Issues

  1. 1 Whether the prosecution proved murder beyond reasonable doubt
  2. 2 Whether mens rea under section 300(c) was established
  3. 3 Whether there was common intention under section 34

Ratio Decidendi

The court found the prosecution proved all elements beyond reasonable doubt: death by blunt-force trauma, causation by acts of the accused inferred from circumstantial and last-seen evidence, recovery of the hammer and victim's chain linked to defendants, and injury pattern indicating force sufficient in ordinary course to cause death establishing mens rea under s300(c); common intention under s34 was inferred from participation and conduct; unsworn denials failed to raise reasonable doubt — conviction for murder under s302 read with s34 and imposition of death sentence was warranted.

Court Disposition

Accused found guilty of murder under section 302 read with section 34; sentenced to death (hanging)

Orders

  • Convicted of murder contrary to section 302 Kanun Keseksaan read with section 34
  • Sentenced to death by hanging