MOHD SAIFULRIZAN BIN SAINAN

MOHD SAIFULRIZAN BIN SAINAN

The Court held that the prosecution proved murder beyond reasonable doubt by a complete and consistent chain of circumstantial evidence: the Appellant was last seen with the toddler, DNA of the deceased matched bloodstain in the Appellant's car, forensic evidence showed bruising consistent with force and drowning at the location, and the Appellant led police to the body (admissible under s.27); DW2 was inconsistent and not credible; therefore only one irresistible conclusion pointed to the Appellant's guilt and the conviction and death sentence were affirmed.

Citation
S-05(M)-106-02/2018 (Mahkamah Rayuan)
Parties
Appellant: Mohd Saifulrizan Bin Sainan; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
25 November 2019
Case Number
S-05(M)-106-02/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Murder, Circumstantial Evidence, Last Seen Doctrine, Section 27 Evidence Act 1950, Admissibility of Statements, Voluntariness, DNA Evidence, Post Mortem/diatom Test
Source Language
Malay/English
Criminal Law Evidence Law Forensic Science Murder Circumstantial Evidence Last Seen Doctrine Section 27 Evidence Act 1950 Admissibility of Statements +3 more

Case Brief

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Parties

Mohd Saifulrizan Bin Sainan

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether circumstantial evidence adduced was sufficient to prove murder beyond reasonable doubt
  2. 2 Whether the Appellant's statement (P73) is admissible under Section 27 Evidence Act 1950 and whether voluntariness is required
  3. 3 Whether defence witness DW2 was credible and whether trial judge erred in rejecting her evidence

Ratio Decidendi

The Court held that the prosecution proved murder beyond reasonable doubt by a complete and consistent chain of circumstantial evidence: the Appellant was last seen with the toddler, DNA of the deceased matched bloodstain in the Appellant's car, forensic evidence showed bruising consistent with force and drowning at the location, and the Appellant led police to the body (admissible under s.27); DW2 was inconsistent and not credible; therefore only one irresistible conclusion pointed to the Appellant's guilt and the conviction and death sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction under Section 302 Penal Code upheld