Hazmi Bin Majid [ ]

Hazmi Bin Majid [ ]

The Court held the High Court correctly inferred from the totality of the forensic and circumstantial evidence (severe skull and brain injuries, histology showing recent trauma, reenactment demonstrating mechanism, accused last seen with victim, conduct disposing of evidence) that the injuries were sufficient in the ordinary course of nature to cause death under s300(c); the defence failed to raise a reasonable doubt and intoxication was self-inflicted and unsupported, therefore conviction and death sentence were safe and the appeal was dismissed.

Citation
B-05(M)-291-08/2021 (Mahkamah Rayuan)
Parties
Appellant / Perayu: Hazmi bin Majid; Respondent / Pendakwa Raya: Public Prosecutor (Pendakwa Raya)
Court
M
Jurisdiction
Malaysia
Judgment Date
1 March 2023
Case Number
B-05(M)-291-08/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Murder (penal Code Ss299 300), Culpable Homicide Vs Murder Distinction, Intoxication Defence (penal Code S85), Last Seen Inference, Expert Witness Evidence, Burden of Proof
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Procedure Murder (penal Code Ss299 300) Culpable Homicide Vs Murder Distinction Intoxication Defence (penal Code S85) Last Seen Inference +2 more

Case Brief

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Parties

Hazmi bin Majid

Appellant / Perayu

Public Prosecutor (Pendakwa Raya)

Respondent / Pendakwa Raya

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment on Appeal From High Court Conviction and Sentence

Legal Issues

  1. 1 Whether head injuries were 'sufficient in the ordinary course of nature to cause death' under s300(c)
  2. 2 Whether the High Court impermissibly pre-empted a finding of guilt at the close of the prosecution case
  3. 3 Whether intoxication (self-inflicted syabu) amounted to a defence under s85

Ratio Decidendi

The Court held the High Court correctly inferred from the totality of the forensic and circumstantial evidence (severe skull and brain injuries, histology showing recent trauma, reenactment demonstrating mechanism, accused last seen with victim, conduct disposing of evidence) that the injuries were sufficient in the ordinary course of nature to cause death under s300(c); the defence failed to raise a reasonable doubt and intoxication was self-inflicted and unsupported, therefore conviction and death sentence were safe and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction and death sentence affirmed