MOHD ZULHIALMI BIN MD DARUS [Timbalan (TPR), Jabatan Peguam Negara]

MOHD ZULHIALMI BIN MD DARUS [Timbalan (TPR), Jabatan Peguam Negara]

The Court held prosecution proved murder under s300(c) by direct eyewitness evidence that the 3rd accused intentionally inflicted head injuries sufficient in the ordinary course of nature to cause death; PW7 was not an accomplice and his evidence was corroborated; the amendment of the date was a technical, non-prejudicial irregularity; the 1st and 2nd appellants abetted the murder by instigation, payment, instruction, transport and destruction of evidence; accordingly convictions and death sentences were lawful and appeals were dismissed.

Citation
B-05(M)-521-11/2019 (Mahkamah Rayuan)
Parties
Appellant: Mohd Zulhialmi bin Md Darus; Appellant: Siti Nor Asiah binti Abdul Wahab; Appellant: Muhammad Rahmat bin Nazarudin; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
14 April 2022
Case Number
B-05(M)-521-11/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeals From High Court Convictions and Sentences
Outcome
Appeals dismissed; High Court convictions and death sentences affirmed
Legal Topics
Murder, Abetment, Accomplice Evidence, Circumstantial Evidence, Amendment of Charge, Adverse Inference, Common Intention, Procedure on Amended Charge
Source Language
Malay/English
Criminal Law Evidence Law Murder Abetment Accomplice Evidence Circumstantial Evidence Amendment of Charge Adverse Inference +2 more

Case Brief

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Parties

Mohd Zulhialmi bin Md Darus

Appellant

Siti Nor Asiah binti Abdul Wahab

Appellant

Muhammad Rahmat bin Nazarudin

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeals From High Court Convictions and Sentences

Legal Issues

  1. 1 Whether omission to read amended charge was fatal and caused miscarriage of justice
  2. 2 Whether PW7 was an accomplice and whether his evidence required corroboration
  3. 3 Whether circumstantial evidence and absence of body precluded conviction for murder

Ratio Decidendi

The Court held prosecution proved murder under s300(c) by direct eyewitness evidence that the 3rd accused intentionally inflicted head injuries sufficient in the ordinary course of nature to cause death; PW7 was not an accomplice and his evidence was corroborated; the amendment of the date was a technical, non-prejudicial irregularity; the 1st and 2nd appellants abetted the murder by instigation, payment, instruction, transport and destruction of evidence; accordingly convictions and death sentences were lawful and appeals were dismissed.

Court Disposition

Appeals dismissed; High Court convictions and death sentences affirmed

Orders

  • Death sentences of the appellants affirmed