AZAMI BIN MOHAMED [ ]

AZAMI BIN MOHAMED [ ]

The Court upheld the trial judge's findings that the prosecution proved intention to kill and attempted murder beyond reasonable doubt based on deliberate use of the car as a weapon (two collisions including a U-turn), prior threats and corroborating forensic and eyewitness evidence; the private defence was rejected and the police report P64 held to be false, therefore convictions and sentences were affirmed.

Citation
T-05(M)-331-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Azami bin Mohamed; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
23 November 2022
Case Number
T-05(M)-331-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Murder (section 302), Attempted Murder (section 307), False Information to Public Servant (section 182), Intention (mens Rea), Self Defence (section 80)
Source Language
Malay/English
Criminal Law Evidence Forensic Medicine Procedural Law Murder (section 302) Attempted Murder (section 307) False Information to Public Servant (section 182) Intention (mens Rea) +1 more

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Parties

Azami bin Mohamed

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution proved intention to kill beyond reasonable doubt
  2. 2 Whether appellant's claim of private defence under s.80 Penal Code was established
  3. 3 Whether report P64 constituted a false written statement under s.182 Penal Code

Ratio Decidendi

The Court upheld the trial judge's findings that the prosecution proved intention to kill and attempted murder beyond reasonable doubt based on deliberate use of the car as a weapon (two collisions including a U-turn), prior threats and corroborating forensic and eyewitness evidence; the private defence was rejected and the police report P64 held to be false, therefore convictions and sentences were affirmed.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Conviction under Section 302 Kanun Keseksaan (murder) affirmed; death sentence upheld
  • Conviction under Section 307 Kanun Keseksaan (attempted murder) affirmed; 10 years imprisonment