PENDAKWARAYA Pn. Zahida Binti Zakaria & Pn. Baizura Binti Kamal Public Prosecutors [Attorney General’s Chambers] En. Fahri Azzat & En. Ameerul Aizat [Messrs. Fahri, Azzat & Co]

PENDAKWARAYA Pn. Zahida Binti Zakaria & Pn. Baizura Binti Kamal Public Prosecutors [Attorney General’s Chambers] En. Fahri Azzat & En. Ameerul Aizat [Messrs. Fahri, Azzat & Co]

On the totality of admissible and credible circumstantial evidence the court found the accused was the last person with the deceased, his conduct (including attempts to avoid post-mortem) and the nature of injuries (blunt force trauma to head) established beyond reasonable doubt that he inflicted bodily injury of a kind sufficient in the ordinary course of nature to cause death (s300(c)); the accused's alibi was inconsistent and rejected; conviction under s302 followed and sentence of death imposed.

Citation
WA-45B-24-01/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Khairuanuar bin Baharuddin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 March 2021
Case Number
WA-45B-24-01/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal (murder) / Trial Judgment (conviction)
Outcome
Accused found guilty of murder under section 302 Penal Code and sentenced to death by hanging
Legal Topics
Murder (s302 Penal Code), Culpable Homicide (s299/s300), Circumstantial Evidence, Last Seen Together Doctrine, Alibi, Evidence Act S8 and S114(g), Particulars of Charge (cpc S153, S156)
Source Language
Malay/English
Criminal Law Evidence Law Procedure Murder (s302 Penal Code) Culpable Homicide (s299/s300) Circumstantial Evidence Last Seen Together Doctrine Alibi +2 more

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Parties

Public Prosecutor

Prosecutor

Muhammad Khairuanuar bin Baharuddin

Accused

Procedural Posture

Criminal (murder) / Trial Judgment (conviction)

Legal Issues

  1. 1 Whether prosecution made out a prima facie case of murder under s302 Penal Code
  2. 2 Whether injuries were inflicted by the accused and sufficient in ordinary course of nature to cause death (s300(c))
  3. 3 Applicability of 'last seen together' doctrine and burden shift

Ratio Decidendi

On the totality of admissible and credible circumstantial evidence the court found the accused was the last person with the deceased, his conduct (including attempts to avoid post-mortem) and the nature of injuries (blunt force trauma to head) established beyond reasonable doubt that he inflicted bodily injury of a kind sufficient in the ordinary course of nature to cause death (s300(c)); the accused's alibi was inconsistent and rejected; conviction under s302 followed and sentence of death imposed.

Court Disposition

Accused found guilty of murder under section 302 Penal Code and sentenced to death by hanging

Orders

  • Accused convicted under section 302 Penal Code
  • Accused sentenced to be hanged by the neck until he is dead (sentence imposed pursuant to CPC and Penal Code)