MOHD SHAWAL BIN ABDULLAH

MOHD SHAWAL BIN ABDULLAH

Medical and eyewitness evidence established that the deceased suffered multiple blunt-impact injuries causing severe exsanguination that, objectively, were sufficient in the ordinary course of nature to cause death under s300(c); subjective intent to cause death is irrelevant under s300(c), therefore the conviction and death sentence were affirmed.

Citation
K-05(M)-160-04/2016 (Mahkamah Rayuan)
Parties
Appellant: Mohd Shawal bin Abdullah; Respondent: Pendakwa Raya (Public Prosecutor)
Court
M
Jurisdiction
Malaysia
Judgment Date
10 October 2018
Case Number
K-05(M)-160-04/2016 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Judgment on Appeal (court of Appeal, 20 May 2020)
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Murder Under Kanun Keseksaan S302, Section 300(c) Culpable Homicide/murder, Medical Causation and Expert Evidence, Mens Rea and Objective Test Under S300(c), Sufficiency of Injuries
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Appeal Murder Under Kanun Keseksaan S302 Section 300(c) Culpable Homicide/murder Medical Causation and Expert Evidence Mens Rea and Objective Test Under S300(c) +1 more

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Parties

Mohd Shawal bin Abdullah

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal (murder) / Judgment on Appeal (court of Appeal, 20 May 2020)

Legal Issues

  1. 1 Whether the injuries sustained were objectively sufficient in the ordinary course of nature to cause death under s300(c)
  2. 2 Whether the trial judge misdirected or failed to properly evaluate the forensic expert evidence
  3. 3 Whether subjective intent to cause fatal injury is required under s300(c)

Ratio Decidendi

Medical and eyewitness evidence established that the deceased suffered multiple blunt-impact injuries causing severe exsanguination that, objectively, were sufficient in the ordinary course of nature to cause death under s300(c); subjective intent to cause death is irrelevant under s300(c), therefore the conviction and death sentence were affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction by the High Court and sentence of death under Kanun Keseksaan affirmed