Gunasegaran A/l Munisamy [ ]

Gunasegaran A/l Munisamy [ ]

The Court found no error in the trial judge's factual and legal findings that a prima facie case was established, that circumstantial evidence together with the accused's signed pre-trial admission proved the elements of murder under s300(c) and s302 beyond reasonable doubt, and that the defence failed to raise reasonable doubt; however, in exercise of sentencing discretion under the post-mandatory-death statutory regime the death sentence was not warranted and was substituted with 35 years imprisonment backdated to 05.02.2018 and 15 strokes.

Citation
B-05(M)-353-10/2021 (Mahkamah Rayuan)
Parties
PERAYU: Gunasegaran a/l Munisamy; RESPONDEN: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
25 June 2024
Case Number
B-05(M)-353-10/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder Conviction Under Section 302 Penal Code) / Appeal to Court of Appeal (mahkamah Rayuan) Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Murder (section 302 Penal Code), Circumstantial Evidence, Pre Trial Admissions Under S172 a Criminal Procedure Code, Provocation and Sudden Fight Defences, Abolition of Mandatory Death Penalty (act 846)
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Law Sentencing Law Murder (section 302 Penal Code) Circumstantial Evidence Pre Trial Admissions Under S172 a Criminal Procedure Code Provocation and Sudden Fight Defences +1 more

Case Brief

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Parties

Gunasegaran a/l Munisamy

PERAYU

Pendakwa Raya

RESPONDEN

Procedural Posture

Criminal Appeal (murder Conviction Under Section 302 Penal Code) / Appeal to Court of Appeal (mahkamah Rayuan) Against Conviction and Sentence

Legal Issues

  1. 1 Whether trial judge erred in finding a prima facie case at end of prosecution case
  2. 2 Whether trial judge erred in finding the defence failed to raise reasonable doubt
  3. 3 Whether prosecution proved murder beyond reasonable doubt under s300(c)/s302 Penal Code

Ratio Decidendi

The Court found no error in the trial judge's factual and legal findings that a prima facie case was established, that circumstantial evidence together with the accused's signed pre-trial admission proved the elements of murder under s300(c) and s302 beyond reasonable doubt, and that the defence failed to raise reasonable doubt; however, in exercise of sentencing discretion under the post-mandatory-death statutory regime the death sentence was not warranted and was substituted with 35 years imprisonment backdated to 05.02.2018 and 15 strokes.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Conviction for murder under Section 302 Penal Code affirmed.
  • Death sentence imposed by the High Court set aside.