MOHAMMAD ALAM BIN MOHAMMAD ZAKARIA [Timbalan (TPR), Jabatan Peguam Negara]

MOHAMMAD ALAM BIN MOHAMMAD ZAKARIA [Timbalan (TPR), Jabatan Peguam Negara]

Court found that the trial court erred in failing to consider material corroborative evidence (investigator's account of recorded statements) and the appellant's cautioned statement together with other prosecution evidence; on balance of probabilities the appellant raised private defence such that the murder conviction under s302 could not be sustained but supported conviction for culpable homicide not amounting to murder under s304(a); accordingly the s302 conviction and sentence were quashed and substituted with a s304(a) conviction and a 16-year imprisonment from date of arrest 30.8.2022.

Citation
J-05(SH)-250-05/2024 (Mahkamah Rayuan)
Parties
Appellant: Mohammad Alam bin Mohammad Zakaria; Respondent (prosecution): Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
5 January 2026
Case Number
J-05(SH)-250-05/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Decision on Appeal Against Conviction and Sentence
Outcome
Conviction under Section 302 (murder) quashed; conviction substituted under Section 304(a) (culpable homicide not amounting to murder); original sentence set aside and new sentence imposed.
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder (s.304(a)), Private Defence / Self Defence, Evaluation of Cautioned Statements, Credibility of Witnesses, Judicial Duty to Consider Defence
Source Language
Malay/English
Criminal Law Evidence Procedure Murder Culpable Homicide Not Amounting to Murder (s.304(a)) Private Defence / Self Defence Evaluation of Cautioned Statements Credibility of Witnesses +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mohammad Alam bin Mohammad Zakaria

Appellant

Pendakwa Raya

Respondent (prosecution)

Procedural Posture

Criminal Appeal / Court of Appeal Decision on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court failed to consider material corroborative evidence (investigator's reference to recordings) that the victim was armed and threatened the appellant
  2. 2 Whether the appellant established private defence on the balance of probabilities such that murder conviction under s302 was unsustainable
  3. 3 Whether the trial judge misdirected or erred in rejecting/excluding the appellant's cautioned statement and related evidence without proper analysis

Ratio Decidendi

Court found that the trial court erred in failing to consider material corroborative evidence (investigator's account of recorded statements) and the appellant's cautioned statement together with other prosecution evidence; on balance of probabilities the appellant raised private defence such that the murder conviction under s302 could not be sustained but supported conviction for culpable homicide not amounting to murder under s304(a); accordingly the s302 conviction and sentence were quashed and substituted with a s304(a) conviction and a 16-year imprisonment from date of arrest 30.8.2022.

Court Disposition

Conviction under Section 302 (murder) quashed; conviction substituted under Section 304(a) (culpable homicide not amounting to murder); original sentence set aside and new sentence imposed.

Orders

  • Quash conviction under Section 302 Penal Code
  • Set aside sentence of imprisonment 30 years and 12 strokes