Kamaruddin Bin Abd Rahim [Timbalan (TPR), Jabatan Peguam Negara]

Kamaruddin Bin Abd Rahim [Timbalan (TPR), Jabatan Peguam Negara]

The Court of Appeal held that the prosecution proved a prima facie case and, on full review of the evidence including credible eyewitness testimony, forensic links and the pathologist's findings that injuries were sufficient in the ordinary course of nature to cause death, the conviction for murder was safe and must be affirmed; however, applying the current statutory framework abolishing the mandatory death penalty and assessing mitigating factors, the death sentence was excessive and was substituted with 30 years' imprisonment effective from arrest date and 12 strokes of the rotan.

Citation
A-05(M)-14-01/2023 (Mahkamah Rayuan)
Parties
Appellant: Kamaruddin bin Abd Rahim; Respondent: Penda‪kwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
28 August 2024
Case Number
A-05(M)-14-01/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Appeal Judgment of the Court of Appeal
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Murder, Intention (mens Rea), Circumstantial Evidence, Recusal, Section 172 a KTJ (written Statement), Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Sentencing Appellate Review Murder Intention (mens Rea) Circumstantial Evidence +3 more

Case Brief

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Parties

Kamaruddin bin Abd Rahim

Appellant

Penda‪kwa Raya

Respondent

Procedural Posture

Criminal Appeal (murder) / Appeal Judgment of the Court of Appeal

Legal Issues

  1. 1 Whether a prima facie case was proved at the close of the prosecution case
  2. 2 Whether the defence raised reasonable doubt as to guilt
  3. 3 Whether the trial judge erred in credibility findings or in refusing recusal

Ratio Decidendi

The Court of Appeal held that the prosecution proved a prima facie case and, on full review of the evidence including credible eyewitness testimony, forensic links and the pathologist's findings that injuries were sufficient in the ordinary course of nature to cause death, the conviction for murder was safe and must be affirmed; however, applying the current statutory framework abolishing the mandatory death penalty and assessing mitigating factors, the death sentence was excessive and was substituted with 30 years' imprisonment effective from arrest date and 12 strokes of the rotan.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Appeal against conviction dismissed; conviction for murder under section 302 Penal Code upheld
  • Original death sentence set aside