[ ] SYAIFUL AFIKIN BIN MOHD FIRUS

[ ] SYAIFUL AFIKIN BIN MOHD FIRUS

Prosecution failed to prove prima facie that the accused participated in causing the victim's death and failed to establish common intention under s34; the defence account that the accused entered via the front, encountered the victim already gravely injured, and lacked a proven link to the weapon was accepted; key admissions and weapon linkage were either rejected or not proven, therefore accused must be acquitted.

Citation
DA-45B-10-10/2018 (Mahkamah Tinggi)
Parties
Accused: Syaiful Afikin bin Mohd Firus; Prosecution: PENDAKWA RAYA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 March 2022
Case Number
DA-45B-10-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (s 302 Penal Code) / Trial — Prosecution Case Concluded; Accused Called to Enter Defence and Judgment Following Defence Evidence
Outcome
Accused acquitted and discharged
Legal Topics
Murder, Common Intention (s 34 Penal Code), Prima Facie Test, Confession/admission (s 17(2) Evidence Act), Accomplice Evidence, Chain of Custody/forensic Linkage
Source Language
Malay/English
Criminal Law Evidence Law Forensic Pathology Murder Common Intention (s 34 Penal Code) Prima Facie Test Confession/admission (s 17(2) Evidence Act) Accomplice Evidence +1 more

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Parties

Syaiful Afikin bin Mohd Firus

Accused

PENDAKWA RAYA

Prosecution

Procedural Posture

Criminal Murder (s 302 Penal Code) / Trial — Prosecution Case Concluded; Accused Called to Enter Defence and Judgment Following Defence Evidence

Legal Issues

  1. 1 Whether the prosecution established a prima facie case for murder under s 302 read with s 34 Penal Code
  2. 2 Whether the accused shared common intention with co-accused under s 34
  3. 3 Whether extrajudicial admissions relied on were proven and admissible under s 17(2) Evidence Act

Ratio Decidendi

Prosecution failed to prove prima facie that the accused participated in causing the victim's death and failed to establish common intention under s34; the defence account that the accused entered via the front, encountered the victim already gravely injured, and lacked a proven link to the weapon was accepted; key admissions and weapon linkage were either rejected or not proven, therefore accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Syaiful Afikin bin Mohd Firus is acquitted and released from the charge under s 302 read with s 34 Penal Code