JOHANIZAM BIN JOHARI

JOHANIZAM BIN JOHARI

On the totality of evidence (forensic pathology confirming fatal blunt force head trauma, absence of defensive injuries, witness evidence placing accused leaving scene with the weapon, accused's conduct in concealing weapon), the court inferred the accused intentionally caused injuries sufficient in the ordinary course to cause death under s.300(c); defences (private defence, sudden fight/provocation, intoxication) failed on balance; prosecution proved guilt beyond reasonable doubt and, given aggravating factors and discretionary sentencing regime under Act 846, the offence warranted the death sentence.

Citation
KA-45B-1-05/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Johanizam bin Jjohari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 August 2025
Case Number
KA-45B-1-05/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder / Trial Judgment and Sentencing (conviction)
Outcome
Accused convicted of murder under Section 302 Penal Code; sentenced to death (hanging).
Legal Topics
Murder, Section 302 Penal Code, Section 300(c) Penal Code, Circumstantial Evidence, Forensic Pathology, Private Defence, Intoxication Defence, Provocation, Death Penalty Discretion (act 846)
Source Language
Malay/English
Criminal Law Evidence Forensic Science Sentencing Law Murder Section 302 Penal Code Section 300(c) Penal Code Circumstantial Evidence +5 more

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Parties

Public Prosecutor

Prosecutor

Johanizam bin Jjohari

Accused

Procedural Posture

Criminal Murder / Trial Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Whether prosecution proved all elements of murder under s.302/300(c) beyond reasonable doubt
  2. 2 Whether circumstantial evidence and forensic pathology establish accused as perpetrator and intent
  3. 3 Whether defences (private defence, sudden fight/grave and sudden provocation, intoxication) were established on balance of probabilities

Ratio Decidendi

On the totality of evidence (forensic pathology confirming fatal blunt force head trauma, absence of defensive injuries, witness evidence placing accused leaving scene with the weapon, accused's conduct in concealing weapon), the court inferred the accused intentionally caused injuries sufficient in the ordinary course to cause death under s.300(c); defences (private defence, sudden fight/provocation, intoxication) failed on balance; prosecution proved guilt beyond reasonable doubt and, given aggravating factors and discretionary sentencing regime under Act 846, the offence warranted the death sentence.

Court Disposition

Accused convicted of murder under Section 302 Penal Code; sentenced to death (hanging).

Orders

  • Convicted under Section 302 Penal Code
  • Sentenced to death by hanging (gantung sampai mati)