1. ) Soha Beta 2. ) 1. ) 2. ) Herna Molla

1. ) Soha Beta 2. ) 1. ) 2. ) Herna Molla

The combined circumstantial evidence — positive dock identification of the 1st accused as last seen with the baby, the presence of a woman with him at the scene consistent with the 2nd accused, corroborative DNA on clothing, the failure of both accused to provide a credible explanation or identify purported adoptive recipients, and the unsatisfactory alibi and unsworn denials — permitted only the inference of common intention to cause the baby's death, satisfying proof beyond reasonable doubt; accordingly the 1st accused's conviction and sentence were upheld and the 2nd accused's prior acquittal was set aside and conviction entered.

Citation
Q-05(M)-124-02/2018, Q-05(LB)-125-02/2018 (Mahkamah Rayuan)
Parties
Appellant/1st Accused: Soha Beta; Respondent/appellant: Public Prosecutor; Respondent/2nd Accused: Herna Molla
Court
M
Jurisdiction
Malaysia
Judgment Date
21 October 2019
Case Number
Q-05(M)-124-02/2018, Q-05(LB)-125-02/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal by 1st accused dismissed; conviction and sentence affirmed. Prosecutor's appeal against 2nd accused allowed; acquittal reversed and 2nd accused convicted.
Legal Topics
Murder, Common Intention, Circumstantial Evidence, Identification Parade, Unsworn Statement, Alibi, DNA Evidence, Conduct as Evidence
Source Language
Malay/English
Criminal Law Evidence Law Forensic Evidence Murder Common Intention Circumstantial Evidence Identification Parade Unsworn Statement +3 more

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Parties

Soha Beta

Appellant/1st Accused

Public Prosecutor

Respondent/appellant

Herna Molla

Respondent/2nd Accused

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a prima facie case was established against the accused
  2. 2 Reliability and admissibility of identification evidence (identification parade and dock identification)
  3. 3 Weight to be given to unsworn statements and alibi notices

Ratio Decidendi

The combined circumstantial evidence — positive dock identification of the 1st accused as last seen with the baby, the presence of a woman with him at the scene consistent with the 2nd accused, corroborative DNA on clothing, the failure of both accused to provide a credible explanation or identify purported adoptive recipients, and the unsatisfactory alibi and unsworn denials — permitted only the inference of common intention to cause the baby's death, satisfying proof beyond reasonable doubt; accordingly the 1st accused's conviction and sentence were upheld and the 2nd accused's prior acquittal was set aside and conviction entered.

Court Disposition

Appeal by 1st accused dismissed; conviction and sentence affirmed. Prosecutor's appeal against 2nd accused allowed; acquittal reversed and 2nd accused convicted.

Orders

  • Dismissed appeal of Soha Beta and upheld High Court conviction and sentence under section 302 Penal Code
  • Allowed Public Prosecutor's appeal against Herna Molla, set aside acquittal and convicted Herna Molla under section 302 Penal Code