AMRAN BIN MD SALI

AMRAN BIN MD SALI

Conviction quashed because the trial judge failed to make the mandatory and distinct findings required by section 173 of the Criminal Procedure Code at the close of prosecution and at the close of defence, resulting in a serious misdirection that rendered the conviction unsafe.

Citation
WA-42S(A)-6-10/2018 (Mahkamah Tinggi)
Parties
Appellant: Mohd Khairul Hafiz bin Yaakob; Appellant: Azlan bin Abdul Kadir; Appellant: Amran bin Md Sali; Co Accused (deceased): Khairon Zaidee bin Basiron; Respondent: Public Prosecutor
Court
A
Jurisdiction
Malaysia
Judgment Date
27 September 2019
Case Number
WA-42S(A)-6-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal From Sessions Court Conviction Under Penal Code S365 Read With S34 / High Court Appellate Judgment (hearing Under Section 316 Cr Pc; Appeal Allowed)
Outcome
Appeal allowed; conviction and sentence quashed
Legal Topics
Kidnapping and Abduction (s365 Penal Code), Common Intention (s34 Penal Code), Prima Facie Finding and Summary Trial Procedure (s173 Criminal Procedure Code), Appellate Review Powers (s316 Criminal Procedure Code), Adverse Inference for Failure to Call Witness (s114(g) Evidence Act 1950), CCTV Admissibility (s90 a Evidence Act 1950), Identification Evidence (turnbull Guidelines), Statements Under S112 Cr PC
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Homicide/kidnapping Kidnapping and Abduction (s365 Penal Code) Common Intention (s34 Penal Code) Prima Facie Finding and Summary Trial Procedure (s173 Criminal Procedure Code) Appellate Review Powers (s316 Criminal Procedure Code) +4 more

Case Brief

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Parties

Mohd Khairul Hafiz bin Yaakob

Appellant

Azlan bin Abdul Kadir

Appellant

Amran bin Md Sali

Appellant

Khairon Zaidee bin Basiron

Co Accused (deceased)

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal From Sessions Court Conviction Under Penal Code S365 Read With S34 / High Court Appellate Judgment (hearing Under Section 316 Cr Pc; Appeal Allowed)

Legal Issues

  1. 1 Whether the trial judge made the mandatory prima facie finding at the close of the prosecution under s173(f) CrPC
  2. 2 Whether the trial judge considered all evidence at the close of defence as required by s173(m) CrPC
  3. 3 Whether identification evidence complied with Turnbull guidelines

Ratio Decidendi

Conviction quashed because the trial judge failed to make the mandatory and distinct findings required by section 173 of the Criminal Procedure Code at the close of prosecution and at the close of defence, resulting in a serious misdirection that rendered the conviction unsafe.

Court Disposition

Appeal allowed; conviction and sentence quashed

Orders

  • Appeal allowed
  • Conviction and sentence quashed