Mohd Nur Hussein Bin Mohd Salleh [Timbalan (TPR), Jabatan Peguam Negara]

Mohd Nur Hussein Bin Mohd Salleh [Timbalan (TPR), Jabatan Peguam Negara]

The conviction was affirmed because the cumulative circumstantial evidence formed a complete and irresistible chain: the accused led police to concealed items belonging to the victim (admissible under s27/s8), DNA on seized items linked them to the deceased, credible independent recognition by SP15 placed the accused near the scene, and the alibi was unreliable and inconsistent with objective evidence; on sentencing the Court found premeditation, extreme brutality, planning and attempts to conceal and thus imposed death as the only appropriate penalty under 'rarest of rare' principles.

Citation
A-05(SH)-382-09/2023 (Mahkamah Rayuan)
Parties
Appellant/accused: Mohd Nur Hussein bin Mohd Salleh; Respondent/appellant: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
A-05(SH)-382-09/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal Against Conviction and Sentence
Outcome
Conviction affirmed; sentence of imprisonment set aside and substituted with death (to be hanged by the neck until dead).
Legal Topics
Murder, Circumstantial Evidence, Identification Evidence, Admissibility of Discovery (s27 Evidence Act), Alibi, Death Penalty
Source Language
Malay/English
Criminal Law Evidence Forensic Science Sentencing Law Murder Circumstantial Evidence Identification Evidence Admissibility of Discovery (s27 Evidence Act) +2 more

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Parties

Mohd Nur Hussein bin Mohd Salleh

Appellant/accused

Public Prosecutor

Respondent/appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether a prima facie case was established
  2. 2 Whether circumstantial evidence formed a complete chain pointing to guilt
  3. 3 Admissibility and weight of evidence under Evidence Act 1950 s27 and s8 and presumption under s114(a)

Ratio Decidendi

The conviction was affirmed because the cumulative circumstantial evidence formed a complete and irresistible chain: the accused led police to concealed items belonging to the victim (admissible under s27/s8), DNA on seized items linked them to the deceased, credible independent recognition by SP15 placed the accused near the scene, and the alibi was unreliable and inconsistent with objective evidence; on sentencing the Court found premeditation, extreme brutality, planning and attempts to conceal and thus imposed death as the only appropriate penalty under 'rarest of rare' principles.

Court Disposition

Conviction affirmed; sentence of imprisonment set aside and substituted with death (to be hanged by the neck until dead).

Orders

  • Appeal by Public Prosecutor allowed
  • Conviction of Mohd Nur Hussein bin Mohd Salleh affirmed