KUMAR TAMANG

KUMAR TAMANG

Trial judge correctly accepted credible eyewitness evidence that appellant hurled a stone causing fatal blunt head injuries and, having found appellant failed to prove intoxication/insanity under s85(2) and thus had requisite mens rea, the prosecution proved murder beyond reasonable doubt; appellate court affirmed conviction and death sentence.

Citation
W-05(M)-173-04/2019 (Mahkamah Rayuan)
Parties
Appellant: Kumar Tamang; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
3 September 2020
Case Number
W-05(M)-173-04/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Murder (section 302/300 Penal Code), Intoxication Defence (sections 85, 86 Penal Code), Mens Rea, Culpable Homicide Vs Murder, Assessment of Eyewitness and Medico Legal Evidence
Source Language
Malay/English
Criminal Law Evidence Penal Code Interpretation Appellate Procedure Murder (section 302/300 Penal Code) Intoxication Defence (sections 85,86 Penal Code) Mens Rea Culpable Homicide Vs Murder +1 more

Case Brief

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Parties

Kumar Tamang

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal Against Conviction and Sentence / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the appellant committed murder under section 302 read with section 300(c) of the Penal Code
  2. 2 Whether the defence of intoxication/insanity under sections 85 and 86 of the Penal Code was established
  3. 3 Whether the trial judge erred in accepting prosecution evidence and in factual findings

Ratio Decidendi

Trial judge correctly accepted credible eyewitness evidence that appellant hurled a stone causing fatal blunt head injuries and, having found appellant failed to prove intoxication/insanity under s85(2) and thus had requisite mens rea, the prosecution proved murder beyond reasonable doubt; appellate court affirmed conviction and death sentence.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction for murder and sentence of death by hanging under section 302 Penal Code affirmed