Odang [ ]

Odang [ ]

The Court found the accused inflicted an initial stab and then pursued the fleeing victim for about 400 metres and inflicted at least one further fatal stab; that pursuit and further attack removed any continuing reasonable apprehension of danger and thus exceeded the right of private defence under s96/s99(4)/s102 and disqualified the limited exceptions under s300 (Exception 2 and 4). The High Court’s finding of sudden fight was unsustainable; the proper conviction is murder under s302. The prosecution’s appeal is allowed, the accused’s appeal dismissed, and conviction substituted to murder with sentence imposed accordingly.

Citation
Q-05(SH)-477-11/2021 (Mahkamah Rayuan)
Parties
Appellant/accused: ODANG; Respondent/prosecutor: PUBLIC PROSECUTOR
Court
SH
Jurisdiction
Malaysia
Judgment Date
6 February 2024
Case Number
Q-05(SH)-477-11/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal and Cross Appeal / Court of Appeal Judgment (appeal Heard and Decided)
Outcome
Prosecution appeal allowed; accused's appeal dismissed; High Court conviction under s304(a) set aside and replaced with conviction for murder under s302 Penal Code
Legal Topics
Murder, Culpable Homicide, Private Defence, Sudden Fight, Excessive Force, Causation, Sentencing
Source Language
Malay/English
Criminal Law Evidence Procedure Murder Culpable Homicide Private Defence Sudden Fight Excessive Force +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 9 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

ODANG

Appellant/accused

PUBLIC PROSECUTOR

Respondent/prosecutor

Procedural Posture

Criminal Appeal and Cross Appeal / Court of Appeal Judgment (appeal Heard and Decided)

Legal Issues

  1. 1 Whether the appellant’s actions constituted murder under section 302 Penal Code or culpable homicide under section 304(a) Penal Code
  2. 2 Whether the appellant was entitled to complete acquittal on the basis of private defence (section 96) or partial defence under exceptions to section 300 (Exception 2 or 4)
  3. 3 Whether the sequence of stab wounds and causation supports conviction for murder

Ratio Decidendi

The Court found the accused inflicted an initial stab and then pursued the fleeing victim for about 400 metres and inflicted at least one further fatal stab; that pursuit and further attack removed any continuing reasonable apprehension of danger and thus exceeded the right of private defence under s96/s99(4)/s102 and disqualified the limited exceptions under s300 (Exception 2 and 4). The High Court’s finding of sudden fight was unsustainable; the proper conviction is murder under s302. The prosecution’s appeal is allowed, the accused’s appeal dismissed, and conviction substituted to murder with sentence imposed accordingly.

Court Disposition

Prosecution appeal allowed; accused's appeal dismissed; High Court conviction under s304(a) set aside and replaced with conviction for murder under s302 Penal Code

Orders

  • Conviction substituted to section 302 Penal Code (murder)
  • Sentence imposed: 30 years imprisonment from date of arrest