[TIMBALAN ] AMIR BIN ARIFFIN

[TIMBALAN ] AMIR BIN ARIFFIN

The prosecution proved each element of murder beyond reasonable doubt by combined circumstantial and forensic evidence: accused was last seen with the victims, carried and used swords, left a sword at scene, DNA and blood on his clothing and nails, and expert post mortem evidence showed neck injuries were objectively sufficient in the ordinary course of nature to cause death (s.300(c)); the defence failed to prove insanity on the balance of probabilities; accordingly the accused was convicted on both counts and, given the victims were defenseless young children and the brutal nature of the attack, the case was exceptional warranting the death sentence under the court's discretion pursuant...

Citation
KA-45B-2-04/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Amir bin Ariffin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 May 2025
Case Number
KA-45B-2-04/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal (murder) / Trial Judgment and Sentencing
Outcome
Accused convicted on two counts of murder and sentenced to death on each count
Legal Topics
Murder, Insanity Defence (section 84), Prima Facie Test, Last Seen Together Doctrine, Section 300(c) Penal Code, DNA Evidence, Post Mortem Evidence, Discretionary Death Penalty (act 846)
Source Language
Malay/English
Criminal Law Evidence Law Forensic Science Sentencing Law Murder Insanity Defence (section 84) Prima Facie Test Last Seen Together Doctrine +4 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Amir bin Ariffin

Accused

Procedural Posture

Criminal (murder) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved the elements of murder beyond reasonable doubt
  2. 2 Whether circumstantial evidence (including 'last seen together') proved accused's guilt
  3. 3 Whether injuries were sufficient in the ordinary course of nature to cause death under s.300(c)

Ratio Decidendi

The prosecution proved each element of murder beyond reasonable doubt by combined circumstantial and forensic evidence: accused was last seen with the victims, carried and used swords, left a sword at scene, DNA and blood on his clothing and nails, and expert post mortem evidence showed neck injuries were objectively sufficient in the ordinary course of nature to cause death (s.300(c)); the defence failed to prove insanity on the balance of probabilities; accordingly the accused was convicted on both counts and, given the victims were defenseless young children and the brutal nature of the attack, the case was exceptional warranting the death sentence under the court's discretion pursuant...

Court Disposition

Accused convicted on two counts of murder and sentenced to death on each count

Orders

  • Accused Amir bin Ariffin convicted under section 302 Penal Code on both counts
  • Death sentence imposed for each count (hanging until death)