MICKELSON GERALD WAYNE PUBLIC PROSECUTOR

MICKELSON GERALD WAYNE PUBLIC PROSECUTOR

The Federal Court allowed the appeal, holding the prosecution failed to prove the requisite subjective intention under section 300(c) Penal Code (intention to inflict the specific injury sufficient in the ordinary course to cause death); the conviction for murder under s.302 was unsafe and was substituted with conviction under s.304(b) Penal Code; sentence imposed was seven years’ imprisonment from date of arrest.

Citation
05(M)-312-12-2019 (W) (Mahkamah Persekutuan)
Parties
Appellant: Mickelson Gerald Wayne; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
14 July 2021
Case Number
05(M)-312-12-2019 (W) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal / Appeal to Federal Court (final Judgment)
Outcome
Appeal allowed in part; conviction and sentence for murder under s.302 Penal Code set aside and substituted with conviction under s.304(b) Penal Code; sentence of 7 years imprisonment imposed effective from date of arrest.
Legal Topics
Private Defence, Murder Vs Culpable Homicide, Mens Rea Under Section 300(c), Exceptions to Section 300 (exception 4)
Source Language
Malay/English
Criminal Law Penal Code Forensic Pathology Evidence Private Defence Murder Vs Culpable Homicide Mens Rea Under Section 300(c) Exceptions to Section 300 (exception 4)

Case Brief

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Parties

Mickelson Gerald Wayne

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal to Federal Court (final Judgment)

Legal Issues

  1. 1 Whether the appellant validly exercised the right of private defence under sections 96,97,99,100 and 102 Penal Code
  2. 2 Whether the mens rea required for murder under section 300(c) Penal Code was proved
  3. 3 Whether Exception 4 to section 300 Penal Code (sudden fight) applied to reduce culpability

Ratio Decidendi

The Federal Court allowed the appeal, holding the prosecution failed to prove the requisite subjective intention under section 300(c) Penal Code (intention to inflict the specific injury sufficient in the ordinary course to cause death); the conviction for murder under s.302 was unsafe and was substituted with conviction under s.304(b) Penal Code; sentence imposed was seven years’ imprisonment from date of arrest.

Court Disposition

Appeal allowed in part; conviction and sentence for murder under s.302 Penal Code set aside and substituted with conviction under s.304(b) Penal Code; sentence of 7 years imprisonment imposed effective from date of arrest.

Orders

  • Conviction under section 302 Penal Code set aside
  • Conviction substituted to section 304(b) Penal Code (culpable homicide not amounting to murder)