ERMIADI [ ]

ERMIADI [ ]

The Court found the prosecution met the heavy burden for circumstantial cases: identification and cause of death were established by witnesses, CCTV and DNA; SP3's expertise was effectively accepted by lack of challenge; oral evidence satisfied s.90A requirements for CCTV admission; appellant's conduct leading to recovery of the cable and DNA on the cable linked him to the offence and s.27 evidence and ss.8/27 principles applied; the unsworn dock denial did not create reasonable doubt. Therefore conviction under s.302 Penal Code (murder) and sentence were affirmed.

Citation
B-05(M)-363-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Ermiadi; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
19 July 2022
Case Number
B-05(M)-363-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Determination (judgment)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Murder (s.302 Penal Code), Circumstantial Evidence, Admissibility of CCTV (s.90 a Evidence Act 1950), Conduct Evidence and Pointing (s.27 Evidence Act 1950), Expert Evidence (s.45 Evidence Act 1950), Unsworn Dock Statements
Source Language
Malay/English
Criminal Law Evidence Law Forensic Science Murder (s.302 Penal Code) Circumstantial Evidence Admissibility of CCTV (s.90 a Evidence Act 1950) Conduct Evidence and Pointing (s.27 Evidence Act 1950) Expert Evidence (s.45 Evidence Act 1950) +1 more

Case Brief

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Parties

Ermiadi

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Determination (judgment)

Legal Issues

  1. 1 Whether prosecution proved expertise of SP3 under s.45 Evidence Act 1950
  2. 2 Identification of deceased and cause of death
  3. 3 Admissibility of CCTV evidence absent formal s.90A(4) certificate

Ratio Decidendi

The Court found the prosecution met the heavy burden for circumstantial cases: identification and cause of death were established by witnesses, CCTV and DNA; SP3's expertise was effectively accepted by lack of challenge; oral evidence satisfied s.90A requirements for CCTV admission; appellant's conduct leading to recovery of the cable and DNA on the cable linked him to the offence and s.27 evidence and ss.8/27 principles applied; the unsworn dock denial did not create reasonable doubt. Therefore conviction under s.302 Penal Code (murder) and sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and death sentence imposed by the High Court affirmed