KHIEW BU POH

KHIEW BU POH

Although s343(3) CPC was not complied with in that the hospital letter/certificate was not produced, the appellate court found no reason to suspect the appellant was of unsound mind on the evidence; toxicology was negative, CCTV and appellant's actions demonstrated rational, deliberate conduct and therefore non‑production did not occasion a miscarriage of justice; conviction and death sentence are safe and appeal is dismissed.

Citation
W-05(M)-106-02/2019 (Mahkamah Rayuan)
Parties
Appellant: Khiew Bu Poh; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
11 August 2020
Case Number
W-05(M)-106-02/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (section 302 Penal Code Murder) / Court of Appeal Determination (appeal Heard and Dismissed)
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Murder (s.302 Penal Code), Fitness to Stand Trial, Section 342 CPC, Section 343 CPC, Admissibility/production of Medical Certificate, Evidence (cctv, Toxicology)
Source Language
Malay/English
Criminal Law Criminal Procedure Forensic/medical Evidence Murder (s.302 Penal Code) Fitness to Stand Trial Section 342 CPC Section 343 CPC Admissibility/production of Medical Certificate +1 more

Case Brief

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Parties

Khiew Bu Poh

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (section 302 Penal Code Murder) / Court of Appeal Determination (appeal Heard and Dismissed)

Legal Issues

  1. 1 Whether non-compliance with sections 342 and 343(3) CPC rendered the trial a nullity
  2. 2 Whether the appellant was of unsound mind or fit to stand trial
  3. 3 Whether non-production of psychiatric letter/certificate occasioned a miscarriage of justice making the conviction unsafe

Ratio Decidendi

Although s343(3) CPC was not complied with in that the hospital letter/certificate was not produced, the appellate court found no reason to suspect the appellant was of unsound mind on the evidence; toxicology was negative, CCTV and appellant's actions demonstrated rational, deliberate conduct and therefore non‑production did not occasion a miscarriage of justice; conviction and death sentence are safe and appeal is dismissed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction and sentence (death) affirmed