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Although the Court of Appeal had found a prima facie case of murder, the High Court, on considering the sworn defence evidence, concluded the accuseds' evidence created reasonable doubt and that the facts fit Exception 4 (sudden fight), thereby reducing the offence to culpable homicide punishable under s.304(a) and ordering placement at Sekolah Henry Gurney for three years commencing 21.01.2025.

Citation
CB-45B-1-05/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused (child): PESALAH KANAK-KANAK 1; Accused (child): PESALAH KANAK-KANAK 2
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 January 2025
Case Number
CB-45B-1-05/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal (murder/culpable Homicide) / Judgment at Conclusion of Defence (post Trial)
Legal Topics
Murder (s.300 Penal Code), Culpable Homicide (s.299) & S.304(a), Exception 4 (sudden Fight), Prima Facie Finding on Appeal, Mens Rea/intention, Sentencing of Child Offenders, Role of Suhakam/amicus Curiae
Source Language
Malay/English
Criminal Law Juvenile Justice Procedural Law Human Rights Murder (s.300 Penal Code) Culpable Homicide (s.299) & S.304(a) Exception 4 (sudden Fight) Prima Facie Finding on Appeal +3 more

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Parties

PENDAKWA RAYA

Prosecution

PESALAH KANAK-KANAK 1

Accused (child)

PESALAH KANAK-KANAK 2

Accused (child)

Procedural Posture

Criminal (murder/culpable Homicide) / Judgment at Conclusion of Defence (post Trial)

Legal Issues

  1. 1 Whether defence evidence raised reasonable doubt notwithstanding Court of Appeal prima facie finding
  2. 2 Whether Exception 4 (sudden fight) to s.300 Penal Code applies
  3. 3 Whether the Court may re-open prima facie findings made by the Court of Appeal

Ratio Decidendi

Although the Court of Appeal had found a prima facie case of murder, the High Court, on considering the sworn defence evidence, concluded the accuseds' evidence created reasonable doubt and that the facts fit Exception 4 (sudden fight), thereby reducing the offence to culpable homicide punishable under s.304(a) and ordering placement at Sekolah Henry Gurney for three years commencing 21.01.2025.