MOHAMAD ROSLI BIN NAQUR GANI [ ]

MOHAMAD ROSLI BIN NAQUR GANI [ ]

The High Court's conviction for murder under section 302 was unsafe because it failed to properly consider the appellant's primary defence of grave and sudden provocation; the Court of Appeal held the imprecise time in the charge was not fatal or misleading, found the circumstantial and forensic evidence linked the appellant to the death and supported culpable homicide but remitted culpability to section 304(1) (first limb) due to misapplication in not evaluating provocation, and substituted conviction accordingly with a 22-year imprisonment sentence from date of arrest.

Citation
C-05(M)-524-11/2019 (Mahkamah Rayuan)
Parties
Appellant: Mohamad Rosli bin Naqur Gani; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
18 October 2022
Case Number
C-05(M)-524-11/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment (appeal Against Conviction and Sentence)
Outcome
Conviction under section 302 Penal Code set aside; substituted with conviction under the first limb of section 304 Penal Code (culpable homicide not amounting to murder); sentence of 22 years' imprisonment imposed from date of arrest.
Legal Topics
Murder (section 302 Penal Code), Culpable Homicide Not Amounting to Murder (section 304 Penal Code), Grave and Sudden Provocation, Circumstantial Evidence, Charge Drafting/time Specification, Intention (mens Rea), Forensic Pathology, Sentencing
Source Language
Malay/English
Criminal Law Homicide Evidence Murder (section 302 Penal Code) Culpable Homicide Not Amounting to Murder (section 304 Penal Code) Grave and Sudden Provocation Circumstantial Evidence Charge Drafting/time Specification +3 more

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Parties

Mohamad Rosli bin Naqur Gani

Appellant

Public Prosecutor

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether imprecise time in the charge rendered the charge defective or misled the accused
  2. 2 Whether the defence of grave and sudden provocation was properly considered and if it could reduce murder to culpable homicide
  3. 3 Whether intention to cause death could be inferred from circumstantial and forensic evidence

Ratio Decidendi

The High Court's conviction for murder under section 302 was unsafe because it failed to properly consider the appellant's primary defence of grave and sudden provocation; the Court of Appeal held the imprecise time in the charge was not fatal or misleading, found the circumstantial and forensic evidence linked the appellant to the death and supported culpable homicide but remitted culpability to section 304(1) (first limb) due to misapplication in not evaluating provocation, and substituted conviction accordingly with a 22-year imprisonment sentence from date of arrest.

Court Disposition

Conviction under section 302 Penal Code set aside; substituted with conviction under the first limb of section 304 Penal Code (culpable homicide not amounting to murder); sentence of 22 years' imprisonment imposed from date of arrest.

Orders

  • Set aside conviction under section 302 and the death sentence
  • Substitute conviction to first limb of section 304 Penal Code (culpable homicide not amounting to murder)