AZAMI BIN MOHAMED [ ]

AZAMI BIN MOHAMED [ ]

Court found that circumstantial and direct evidence (eyewitnesses, forensic injuries, vehicle damage analysis, appellant's statements and U-turn conduct) supported an inference that appellant intentionally used his car to run over victims and intended death or grievous harm; report P64 was found false; private defence failed to discharge required legal elements; convictions and sentences affirmed.

Citation
T-05(SH)-333-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Azami bin Mohamed; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
23 November 2022
Case Number
T-05(SH)-333-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Judgment (dismissed)
Outcome
Appeal dismissed; convictions and sentences affirmed.
Legal Topics
Murder, Attempted Murder, False Information to Public Servant (s.182), Private Defence, Mens Rea/intention, Circumstantial Evidence, Sentencing
Source Language
Malay/English
Criminal Law Homicide Attempted Murder False Reporting Evidence Murder False Information to Public Servant (s.182) Private Defence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Azami bin Mohamed

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment (dismissed)

Legal Issues

  1. 1 Whether the prosecution proved intention to kill beyond reasonable doubt
  2. 2 Whether the elements of Section 182 (false report) were established for report P64
  3. 3 Whether appellant's claim of private defence under Section 80 succeeds

Ratio Decidendi

Court found that circumstantial and direct evidence (eyewitnesses, forensic injuries, vehicle damage analysis, appellant's statements and U-turn conduct) supported an inference that appellant intentionally used his car to run over victims and intended death or grievous harm; report P64 was found false; private defence failed to discharge required legal elements; convictions and sentences affirmed.

Court Disposition

Appeal dismissed; convictions and sentences affirmed.

Orders

  • Conviction for murder (Section 302 Kanun Keseksaan) and sentence of death confirmed
  • Conviction for attempted murder (Section 307 Kanun Keseksaan) and imprisonment for 10 years confirmed