1. ) 1. MOHD NOIN BIN SARPIN 2. UMARAZHAR BIN MOHD NOIN 2. ) 1. ) 2. ) 1. MOHD NOIN BIN SARPIN 2. UMARAZHAR BIN MOHD NOIN

1. ) 1. MOHD NOIN BIN SARPIN 2. UMARAZHAR BIN MOHD NOIN 2. ) 1. ) 2. ) 1. MOHD NOIN BIN SARPIN 2. UMARAZHAR BIN MOHD NOIN

Medical and forensic evidence established that the injuries intentionally caused were, in the ordinary course of nature, sufficient to cause death under section 300(c); the trial judge therefore erred in substituting conviction under section 304(a); the accomplice evidence of SP4 was credible and supported by independent witnesses including medical evidence and SP19's account of a video, and procedural defects (section 154 irregularity, non-production of video or vehicle owner) did not prejudice the defense; conviction for murder under section 302 read with section 34 is warranted and death sentence appropriate.

Citation
J-05(SH)-457-09/2018 & J-05(SH)-594-12/2018 (Mahkamah Rayuan)
Parties
Appellant: Mohd Noin bin Sarpin; Appellant: Umarazhar bin Mohd Noin; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
25 September 2020
Case Number
J-05(SH)-457-09/2018 & J-05(SH)-594-12/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Decision on Appeal in Court of Appeal
Outcome
Prosecution appeal allowed; appellants' appeals dismissed; convictions substituted to murder under section 302 read with section 34 Penal Code; sentence changed to death by hanging
Legal Topics
Murder (section 302 Penal Code), Culpable Homicide Not Amounting to Murder (section 304(a)), Murder Under Section 300(c), Joint Liability (section 34), Accomplice Evidence and Warnings (section 133), Hostile Witness and Section 154 Evidence Act, Admissibility of Secondary Evidence (section 60), Adverse Inference for Non Production (section 114(g))
Source Language
Malay/English
Criminal Law Evidence Law Procedural Law Forensic Medicine Murder (section 302 Penal Code) Culpable Homicide Not Amounting to Murder (section 304(a)) Murder Under Section 300(c) Joint Liability (section 34) +4 more

Case Brief

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Parties

Mohd Noin bin Sarpin

Appellant

Umarazhar bin Mohd Noin

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal in Court of Appeal

Legal Issues

  1. 1 Whether trial judge erred in accepting SP19 testimony and in procedure under section 154 Evidence Act
  2. 2 Whether failure to produce video or call vehicle owner attracts adverse inference under section 114(g) Evidence Act
  3. 3 Whether conviction for murder under section 302 read with section 34 is sustainable under limb (c) of section 300 given medical evidence

Ratio Decidendi

Medical and forensic evidence established that the injuries intentionally caused were, in the ordinary course of nature, sufficient to cause death under section 300(c); the trial judge therefore erred in substituting conviction under section 304(a); the accomplice evidence of SP4 was credible and supported by independent witnesses including medical evidence and SP19's account of a video, and procedural defects (section 154 irregularity, non-production of video or vehicle owner) did not prejudice the defense; conviction for murder under section 302 read with section 34 is warranted and death sentence appropriate.

Court Disposition

Prosecution appeal allowed; appellants' appeals dismissed; convictions substituted to murder under section 302 read with section 34 Penal Code; sentence changed to death by hanging

Orders

  • Quash imprisonment sentence of 14 years and impose death sentence (hanging) on each appellant