1. ) SYAZWAN BIN SAAD 2. ) ISKANDAR ZULKARNAIN BIN ABDUL MANAF

1. ) SYAZWAN BIN SAAD 2. ) ISKANDAR ZULKARNAIN BIN ABDUL MANAF

The Court held the circumstantial evidence, taken cumulatively (phone records linking 2nd appellant, credible eyewitness last-seen identifications, discoveries of victim's belongings and ropes pursuant to information from 2nd appellant admissible under s27, similarity of ropes, forensic findings, and probative conduct such as escape and repainting of car), established guilt beyond reasonable doubt and common intention; thus the appeals of the 2nd and 3rd appellants were dismissed and their convictions and death sentences affirmed. The 1st appellant's appeal was allowed and his conviction set aside (no prosecution appeal).

Citation
B-06A(M)-23-09/2018 (Mahkamah Rayuan)
Parties
Appellant: Lim Chun Jie; Appellant: Syazwan bin Saad; Appellant: Iskandar Zulkarnain bin Abdul Manaf; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
20 October 2021
Case Number
B-06A(M)-23-09/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment on Appeals From High Court Conviction and Sentence
Outcome
Appeals by Syazwan bin Saad and Iskandar Zulkarnain bin Abdul Manaf dismissed; High Court convictions and death sentences affirmed; appeal by Lim Chun Jie allowed and his conviction set aside (no further appeal by Public Prosecutor).
Legal Topics
Murder (s302 Penal Code), Abetment/substantive Liability (s109 Penal Code), Circumstantial Evidence, Last Seen Together Doctrine, Identification Evidence and Dock Identification, Section 27 Evidence Act 1950 (discovery), Common Intention (s34 Penal Code), Admissibility of Conduct (s8 Evidence Act), Sentence: Death
Source Language
Malay/English
Criminal Law Evidence Law Appellate Review Murder (s302 Penal Code) Abetment/substantive Liability (s109 Penal Code) Circumstantial Evidence Last Seen Together Doctrine Identification Evidence and Dock Identification +4 more

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Parties

Lim Chun Jie

Appellant

Syazwan bin Saad

Appellant

Iskandar Zulkarnain bin Abdul Manaf

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment on Appeals From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether phone number 014-5017232 was proved to belong to 2nd appellant
  2. 2 Reliability of identification (identification parade and dock identification)
  3. 3 Admissibility of information and discovery under s27 Evidence Act 1950

Ratio Decidendi

The Court held the circumstantial evidence, taken cumulatively (phone records linking 2nd appellant, credible eyewitness last-seen identifications, discoveries of victim's belongings and ropes pursuant to information from 2nd appellant admissible under s27, similarity of ropes, forensic findings, and probative conduct such as escape and repainting of car), established guilt beyond reasonable doubt and common intention; thus the appeals of the 2nd and 3rd appellants were dismissed and their convictions and death sentences affirmed. The 1st appellant's appeal was allowed and his conviction set aside (no prosecution appeal).

Court Disposition

Appeals by Syazwan bin Saad and Iskandar Zulkarnain bin Abdul Manaf dismissed; High Court convictions and death sentences affirmed; appeal by Lim Chun Jie allowed and his conviction set aside (no further appeal by Public Prosecutor).

Orders

  • Dismiss appeals B-06A(M)-23-09/2018 and B-06A(M)-24-09/2018
  • Affirm convictions and death sentences of Syazwan bin Saad and Iskandar Zulkarnain bin Abdul Manaf