Mohammad Abdullah Bin Mohamed [ ]

Mohammad Abdullah Bin Mohamed [ ]

The Court upheld the conviction because SP18, aged 15 at testimony, possessed sufficient intelligence and understanding of oath so the absence of a formal preliminary inquiry was not fatal; SP18's eyewitness account was corroborated by forensic post‑mortem evidence showing severe blunt abdominal injuries consistent with repeated strong force and causative of death; appellant's alibi and denials were bare, afterthought assertions and failed to create reasonable doubt; accordingly conviction under s302 and the imposed sentence were safe and affirmed.

Citation
N-05(M)-328-08/2023 (Mahkamah Rayuan)
Parties
Appellant/accused: Mohammad Abdullah bin Mohamed; Respondent/prosecution: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
26 June 2025
Case Number
N-05(M)-328-08/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Against Conviction and Sentence (murder) / Determination by Court of Appeal on Appeal From High Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Murder (s302 Penal Code), Child Witness Competency and Admissibility, Corroboration of Witness Evidence, Sentencing Post‑abolition of Mandatory Death Penalty Act 2023
Source Language
Malay/English
Criminal Law Evidence Forensic Medicine Murder (s302 Penal Code) Child Witness Competency and Admissibility Corroboration of Witness Evidence Sentencing Post‑abolition of Mandatory Death Penalty Act 2023

Case Brief

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Parties

Mohammad Abdullah bin Mohamed

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal Against Conviction and Sentence (murder) / Determination by Court of Appeal on Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether trial judge erred in receiving and relying on sworn testimony of child witness SP18 without conducting a preliminary inquiry under ss 118/133A Evidence Act 1950
  2. 2 Whether SP18's evidence was sufficiently corroborated to sustain a conviction for murder
  3. 3 Whether appellant's alibi/denials were sufficient to create reasonable doubt and whether conviction under s302 was safe

Ratio Decidendi

The Court upheld the conviction because SP18, aged 15 at testimony, possessed sufficient intelligence and understanding of oath so the absence of a formal preliminary inquiry was not fatal; SP18's eyewitness account was corroborated by forensic post‑mortem evidence showing severe blunt abdominal injuries consistent with repeated strong force and causative of death; appellant's alibi and denials were bare, afterthought assertions and failed to create reasonable doubt; accordingly conviction under s302 and the imposed sentence were safe and affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal against conviction and sentence dismissed
  • Conviction under section 302 of the Penal Code maintained