JOHANIZAM BIN JOHARI

JOHANIZAM BIN JOHARI

Court found prosecution proved all elements beyond reasonable doubt: death caused by blunt force trauma to head; injuries objectively sufficient in the ordinary course to cause death (s.300(c)); circumstantial and forensic evidence, weapon identification, concealment and conduct of accused established causation and intent to inflict the fatal injury; defences (sudden fight/provocation, intoxication, private defence) were not established on balance of probabilities; consequently accused convicted of murder under s.302 and sentenced to death under the discretionary regime of Act 846.

Citation
KA-45B-1-05/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya (Deputy Public Prosecutor); Accused: Johanizam bin Jjohari
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 August 2025
Case Number
KA-45B-1-05/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment and Sentencing
Outcome
Convicted and sentenced to death
Legal Topics
Murder Under Section 302 Penal Code, Culpable Homicide S.300(c), Intoxication Defence S.85 86, Right of Private Defence Ss.96 106, Sudden Fight and Grave and Sudden Provocation, Circumstantial Evidence, Prima Facie Case
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Sentencing Murder Under Section 302 Penal Code Culpable Homicide S.300(c) Intoxication Defence S.85 86 Right of Private Defence Ss.96 106 +3 more

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Parties

Pendakwa Raya (Deputy Public Prosecutor)

Prosecutor

Johanizam bin Jjohari

Accused

Procedural Posture

Criminal / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved murder under s.302 read with s.300(c)
  2. 2 Whether elements of offence (death, causation, act by accused, requisite intent) were established beyond reasonable doubt
  3. 3 Whether defences of sudden fight/grave and sudden provocation, intoxication and private defence were made out on balance of probabilities

Ratio Decidendi

Court found prosecution proved all elements beyond reasonable doubt: death caused by blunt force trauma to head; injuries objectively sufficient in the ordinary course to cause death (s.300(c)); circumstantial and forensic evidence, weapon identification, concealment and conduct of accused established causation and intent to inflict the fatal injury; defences (sudden fight/provocation, intoxication, private defence) were not established on balance of probabilities; consequently accused convicted of murder under s.302 and sentenced to death under the discretionary regime of Act 846.

Court Disposition

Convicted and sentenced to death

Orders

  • Accused Johanizam bin Jjohari convicted under Section 302 Penal Code (Act 574)
  • Sentence: death (hanging) imposed