Mohammad Jobi Ullah [Jabatan Peguam Negara]

Mohammad Jobi Ullah [Jabatan Peguam Negara]

The Court found the prosecution proved beyond reasonable doubt that the appellant intentionally inflicted a head injury by striking the deceased with a rice cooker and that the injury was sufficient in the ordinary course of nature to cause death (s.300(c)), the appellant failed to establish grave and sudden provocation on the balance of probabilities, and the alleged failings of trial counsel did not rise to flagrant incompetence causing a miscarriage of justice; therefore the appeal was dismissed and the conviction and death sentence affirmed.

Citation
P-05(M)-255-08/2020 (Mahkamah Rayuan)
Parties
Appellant: Mohammad Jobi Ullah; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
26 April 2022
Case Number
P-05(M)-255-08/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Murder (s.302 Penal Code), Section 300(c) Penal Code, Exception 1 (grave and Sudden Provocation), Ineffective Assistance of Counsel
Source Language
Malay/English
Criminal Law Evidence Appellate Review Murder (s.302 Penal Code) Section 300(c) Penal Code Exception 1 (grave and Sudden Provocation) Ineffective Assistance of Counsel

Case Brief

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Parties

Mohammad Jobi Ullah

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether prosecution proved murder under section 300(c) and conviction under section 302 Penal Code
  2. 2 Whether defence of grave and sudden provocation (Exception 1 to s.300) was established on balance of probabilities
  3. 3 Whether trial counsel's alleged incompetence was flagrant and deprived appellant of a fair trial

Ratio Decidendi

The Court found the prosecution proved beyond reasonable doubt that the appellant intentionally inflicted a head injury by striking the deceased with a rice cooker and that the injury was sufficient in the ordinary course of nature to cause death (s.300(c)), the appellant failed to establish grave and sudden provocation on the balance of probabilities, and the alleged failings of trial counsel did not rise to flagrant incompetence causing a miscarriage of justice; therefore the appeal was dismissed and the conviction and death sentence affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and death sentence under section 302 Penal Code affirmed