Mohd Azhud Bin Ibrahim [ ]

Mohd Azhud Bin Ibrahim [ ]

The Court held that the circumstantial evidence, when considered collectively, established beyond reasonable doubt that the appellant alone inflicted the fatal injuries; the defences of self-defence and insanity failed on the evidence and expert reports; accordingly the conviction was affirmed and, pursuant to the abolition of the mandatory death penalty, the death sentence was replaced with 30 years imprisonment and 12 strokes of the rotan.

Citation
A-05(M)-65-03/2023 (Mahkamah Rayuan)
Parties
Appellant/accused: MOHD AZHUD BIN IBRAHIM; Respondent/prosecution: PENDAKWA RAYA
Court
M
Jurisdiction
Malaysia
Judgment Date
29 April 2024
Case Number
A-05(M)-65-03/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence
Outcome
Appeal against conviction dismissed; conviction affirmed; death sentence set aside and replaced
Legal Topics
Murder (section 302 Penal Code), Self Defence, Insanity Defence (section 84 Penal Code), Circumstantial Evidence, Abolition of Mandatory Death Penalty (sentencing)
Source Language
Malay/English
Criminal Law Evidence Law Forensic Psychiatry Sentencing Law Murder (section 302 Penal Code) Self Defence Insanity Defence (section 84 Penal Code) Circumstantial Evidence +1 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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

MOHD AZHUD BIN IBRAHIM

Appellant/accused

PENDAKWA RAYA

Respondent/prosecution

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether the prosecution had proved a prima facie case based on circumstantial evidence
  2. 2 Whether the accused was of unsound mind at the time of the offence (insanity)
  3. 3 Appropriate sentence in light of abolition of mandatory death penalty

Ratio Decidendi

The Court held that the circumstantial evidence, when considered collectively, established beyond reasonable doubt that the appellant alone inflicted the fatal injuries; the defences of self-defence and insanity failed on the evidence and expert reports; accordingly the conviction was affirmed and, pursuant to the abolition of the mandatory death penalty, the death sentence was replaced with 30 years imprisonment and 12 strokes of the rotan.

Court Disposition

Appeal against conviction dismissed; conviction affirmed; death sentence set aside and replaced

Orders

  • Conviction for murder under Section 302 Penal Code affirmed
  • Death penalty set aside and replaced with imprisonment for 30 years to run from date of arrest