[ ] RAMLAN BIN ABDUL RASHID

[ ] RAMLAN BIN ABDUL RASHID

On the totality of admissible evidence the court found the prosecution proved all elements of murder under s.302: the victim died while in accused's care; injuries consistent with prolonged abuse and sufficient in the ordinary course to cause death under s.300(c); accused was last seen with the victim and gave false explanations; accused's conduct in leading police to remains was admissible and indicated knowledge; defence explanations were rejected as afterthoughts; therefore accused convicted and, having considered Act 846 and aggravating factors (victim a small child, prolonged cruelty, concealment, lack of remorse), sentenced to death by hanging.

Citation
KA-45B-6-10/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ramlan bin Abul Rashid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 June 2025
Case Number
KA-45B-6-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (section 302 Penal Code) / High Court Trial Judgment and Sentencing
Outcome
Accused convicted of murder under section 302 Penal Code and sentenced to death (hanging).
Legal Topics
Murder (s.302 Penal Code), Subsection 300(c) Murder, Prima Facie Case (s.180 Cpc), Circumstantial Evidence, Last Seen Together Doctrine, Conduct Admissible Under S.8 Evidence Act, Admissibility of Child Witness Evidence (act 676), Abolition of Mandatory Death Penalty Act 2023 (act 846)
Source Language
Malay/English
Criminal Law Evidence Law Forensic Pathology Sentencing Law Child Protection Murder (s.302 Penal Code) Subsection 300(c) Murder Prima Facie Case (s.180 Cpc) +5 more

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Parties

Pendakwa Raya

Prosecution

Ramlan bin Abul Rashid

Accused

Procedural Posture

Criminal Murder (section 302 Penal Code) / High Court Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved the elements of murder beyond reasonable doubt
  2. 2 Whether circumstantial evidence sufficed to establish death caused by accused
  3. 3 Whether injuries were sufficient in ordinary course to cause death (s.300(c))

Ratio Decidendi

On the totality of admissible evidence the court found the prosecution proved all elements of murder under s.302: the victim died while in accused's care; injuries consistent with prolonged abuse and sufficient in the ordinary course to cause death under s.300(c); accused was last seen with the victim and gave false explanations; accused's conduct in leading police to remains was admissible and indicated knowledge; defence explanations were rejected as afterthoughts; therefore accused convicted and, having considered Act 846 and aggravating factors (victim a small child, prolonged cruelty, concealment, lack of remorse), sentenced to death by hanging.

Court Disposition

Accused convicted of murder under section 302 Penal Code and sentenced to death (hanging).

Orders

  • Accused Ramlan bin Abul Rashid convicted under section 302 Penal Code.
  • Sentence: death by hanging (gantung sampai mati).