KOONG SWEE KWAN

KOONG SWEE KWAN

The Court accepted the unshaken, reliable eyewitness identifications of SP13 and SP14 together with corroborative circumstantial evidence (SP3, SP15 and CCTV stills) and forensic findings; any misdirection about whether the defence was put to witnesses was not material and did not cause a miscarriage of justice under s60 Courts of Judicature Act 1964; accordingly the convictions for murder and attempted murder and the sentences were safe and affirmed.

Citation
W-05(M)-494-10/2017 & W-05(SH)-516-11/2017 (Mahkamah Rayuan)
Parties
Appellant: Koong Swee Kwan; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
16 October 2019
Case Number
W-05(M)-494-10/2017 & W-05(SH)-516-11/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Judgment (court of Appeal)
Outcome
Appeal dismissed; convictions and sentences affirmed
Legal Topics
Murder, Attempted Murder, Eyewitness Identification, Identification Parade, Ballistics Evidence, Judicial Misdirection, Appeal Against Conviction
Source Language
Malay/English
Criminal Law Evidence Procedure Murder Attempted Murder Eyewitness Identification Identification Parade Ballistics Evidence +2 more

Case Brief

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Parties

Koong Swee Kwan

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge misdirected himself by stating the defence was not put to prosecution witnesses and whether that misdirection occasioned a miscarriage of justice
  2. 2 Whether the credibility findings as to SP3 (driver) were unsafe given his subsequent firearm charge and conduct
  3. 3 Whether failure to tender identification parade report rendered dock identification unreliable

Ratio Decidendi

The Court accepted the unshaken, reliable eyewitness identifications of SP13 and SP14 together with corroborative circumstantial evidence (SP3, SP15 and CCTV stills) and forensic findings; any misdirection about whether the defence was put to witnesses was not material and did not cause a miscarriage of justice under s60 Courts of Judicature Act 1964; accordingly the convictions for murder and attempted murder and the sentences were safe and affirmed.

Court Disposition

Appeal dismissed; convictions and sentences affirmed

Orders

  • Conviction for murder under s302 Kanun Keseksaan affirmed
  • Death sentence for murder affirmed