ANUAR BIN MOHAMAD

ANUAR BIN MOHAMAD

The Court upheld the conviction because eyewitness identifications by SP5 and SP6 were credible and consistent with CCTV such that the conviction was safe despite the trial judge's erroneous reliance on co-accused admissions; the prosecution did not suppress evidence and therefore s114(g) did not apply.

Citation
B-05(M)-339-07/2018 (Mahkamah Rayuan)
Parties
Appellant: Anuar bin Mohamad; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
14 August 2019
Case Number
B-05(M)-339-07/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Conviction
Outcome
appeal dismissed; conviction and death sentence affirmed
Legal Topics
Robbery, Homicide, Identification Evidence, Co Accused Admissions, Presumption Under Section 114(g)
Source Language
Malay/English
Criminal Law Evidence Firearms Law Robbery Homicide Identification Evidence Co Accused Admissions Presumption Under Section 114(g)

Case Brief

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Parties

Anuar bin Mohamad

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Conviction

Legal Issues

  1. 1 whether identification of appellant was reliable
  2. 2 whether admissions by co-accused could be used as supporting evidence
  3. 3 whether prosecution's failure to call co-accused triggered adverse inference under s114(g) Evidence Act

Ratio Decidendi

The Court upheld the conviction because eyewitness identifications by SP5 and SP6 were credible and consistent with CCTV such that the conviction was safe despite the trial judge's erroneous reliance on co-accused admissions; the prosecution did not suppress evidence and therefore s114(g) did not apply.

Court Disposition

appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under Section 3 Firearms (Increased Penalties) Act 1971 and sentence of death affirmed