Izwanuddin bin Kasim

Izwanuddin bin Kasim

The Court upheld the trial judge’s assessment that the cumulative circumstantial and direct evidence, supported by independent witnesses and forensic pathology (stab wound to the heart), irresistibly pointed to the appellant as the killer; SP14 was not an accomplice requiring special corroboration; failure to call Ros Elly and Hoo Chee Keong did not prejudice the prosecution or create a material gap; therefore conviction for murder and death sentence were safe and the appeal was dismissed.

Citation
J-05(M)-456-10/2017 (Mahkamah Rayuan)
Parties
Appellant: Izwanuddin bin Kasim; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
30 September 2019
Case Number
J-05(M)-456-10/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Murder (section 302 Penal Code), Accessory/accomplice Evidence, Circumstantial Evidence, Adverse Inference Under Evidence Act 1950 S114(g), Corroboration, Forensic Pathology (stab Wound), Death Penalty
Source Language
Malay/English
Criminal Law Evidence Law Forensic/medicolegal Murder (section 302 Penal Code) Accessory/accomplice Evidence Circumstantial Evidence Adverse Inference Under Evidence Act 1950 S114(g) Corroboration +2 more

Case Brief

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Parties

Izwanuddin bin Kasim

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether circumstantial evidence was sufficient to sustain a murder conviction
  2. 2 Whether co-accused SP14 (Noriskandar) should be treated as an accomplice requiring corroboration
  3. 3 Whether section 114(g) Evidence Act 1950 adverse inference applies for failure to call Ros Elly and Hoo Chee Keong

Ratio Decidendi

The Court upheld the trial judge’s assessment that the cumulative circumstantial and direct evidence, supported by independent witnesses and forensic pathology (stab wound to the heart), irresistibly pointed to the appellant as the killer; SP14 was not an accomplice requiring special corroboration; failure to call Ros Elly and Hoo Chee Keong did not prejudice the prosecution or create a material gap; therefore conviction for murder and death sentence were safe and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed and conviction under section 302 Penal Code and sentence of death imposed by the High Court are affirmed