[Timbalan (TPR), Jabatan Peguam Negara] RIZAL BIN LINGKONG

[Timbalan (TPR), Jabatan Peguam Negara] RIZAL BIN LINGKONG

Prosecution failed to prove mens rea element required for murder under section 300(c) because evidence did not support an inference that the accused intended to inflict bodily injury that is in the ordinary course of nature sufficient to cause death; however, circumstantial evidence was sufficient to establish a prima facie case under section 304(b) (knowledge that act was likely to cause death without intent to cause death); exercising power under section 158 the court amended the charge to section 304(b), the accused pleaded guilty and was convicted and sentenced to six years' imprisonment from date of arrest.

Citation
BA-45B-9-03/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Rizal bin Lingkong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 January 2023
Case Number
BA-45B-9-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Homicide (murder / Culpable Homicide) / Trial at Close of Prosecution; Charge Amended, Plea Entered and Sentencing
Outcome
Charge under section 302 (murder) not supported; charge amended to section 304(b) Penal Code; accused convicted on amended charge; sentenced to 6 years' imprisonment from 19.5.2020.
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Charge Amendment Under Section 158, Mens Rea, Sentencing Under Section 304(b)
Source Language
Malay/English
Criminal Law Criminal Procedure Forensic Pathology Murder Culpable Homicide Not Amounting to Murder Charge Amendment Under Section 158 Mens Rea Sentencing Under Section 304(b)

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Parties

Pendakwa Raya

Prosecutor

Rizal bin Lingkong

Accused

Procedural Posture

Criminal Homicide (murder / Culpable Homicide) / Trial at Close of Prosecution; Charge Amended, Plea Entered and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for murder under section 302/300(c) Penal Code
  2. 2 Whether evidence sufficed for culpable homicide not amounting to murder under section 304(b) Penal Code
  3. 3 Whether the court properly exercised power to amend charge under section 158 Criminal Procedure Code

Ratio Decidendi

Prosecution failed to prove mens rea element required for murder under section 300(c) because evidence did not support an inference that the accused intended to inflict bodily injury that is in the ordinary course of nature sufficient to cause death; however, circumstantial evidence was sufficient to establish a prima facie case under section 304(b) (knowledge that act was likely to cause death without intent to cause death); exercising power under section 158 the court amended the charge to section 304(b), the accused pleaded guilty and was convicted and sentenced to six years' imprisonment from date of arrest.

Court Disposition

Charge under section 302 (murder) not supported; charge amended to section 304(b) Penal Code; accused convicted on amended charge; sentenced to 6 years' imprisonment from 19.5.2020.

Orders

  • Amendment of charge to section 304(b) Kanun Keseksaan under section 158 Kanun Tatacara Jenayah
  • Conviction of Rizal bin Lingkong for offence under section 304(b) Kanun Keseksaan