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On full review the Court of Appeal found the prosecution adduced a coherent and compelling circumstantial case against PKK1: positive identifications by SP68/SP69 corroborated by CCTV, forensic evidence of accelerant and gas cylinders, and conduct pointing (discovery of lighter) satisfied elements three and four of murder under s300(d); SP70/SD3 were correctly classified as accomplices/rancak sejenayah whose inconsistent testimony was rightly rejected or treated with caution; PKK1's alibi/denials did not raise a reasonable doubt. Conversely, prosecution failed to eliminate reasonable inferences regarding the identity of the second entrant so the acquittal of PKK2 was lawful and must be...

Citation
W-05(SH)-277-08/2020 (Mahkamah Rayuan)
Parties
Prosecution: Pendakwa Raya; Appellant / Accused (pkk1): Muhammad Adli Shah bin Mohd Yusry; Respondent / Accused (pkk2): Muhammad Arif Firdaus bin Juraini
Court
SH
Jurisdiction
Malaysia
Judgment Date
11 September 2023
Case Number
W-05(SH)-277-08/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment on Cross Appeals (hearing and Decision)
Outcome
Appeal by Muhammad Adli Shah (PKK1) dismissed; convictions on all 23 counts of murder (s302) upheld; appeal by Pendakwa Raya against acquittal of Muhammad Arif Firdaus (PKK2) dismissed and acquittal affirmed
Legal Topics
Murder (s300, S302), Prima Facie Test at Close of Prosecution (s180 Ktj), Circumstantial Evidence, Identification Evidence, Accomplice Evidence, Admissibility Under S27 Evidence Act, Conduct Evidence (s8 Evidence Act), Common Intention (s34 Penal Code), Juvenile Sentencing (s97 AKK 2001), Alibi (s402 a Ktj)
Source Language
Malay/English
Criminal Law Evidence Law Procedural Law Forensic Evidence Murder (s300,s302) Prima Facie Test at Close of Prosecution (s180 Ktj) Circumstantial Evidence Identification Evidence +6 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Adli Shah bin Mohd Yusry

Appellant / Accused (pkk1)

Muhammad Arif Firdaus bin Juraini

Respondent / Accused (pkk2)

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment on Cross Appeals (hearing and Decision)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against Muhammad Adli Shah (PKK1) at the close of its case
  2. 2 Whether SP70/SD3 were accomplices/rancak sejenayah and whether their testimony is admissible without corroboration
  3. 3 Whether admissibility of the lighter found (s27 Evidence Act) and conduct pointing (s8 Evidence Act) support inference of guilt

Ratio Decidendi

On full review the Court of Appeal found the prosecution adduced a coherent and compelling circumstantial case against PKK1: positive identifications by SP68/SP69 corroborated by CCTV, forensic evidence of accelerant and gas cylinders, and conduct pointing (discovery of lighter) satisfied elements three and four of murder under s300(d); SP70/SD3 were correctly classified as accomplices/rancak sejenayah whose inconsistent testimony was rightly rejected or treated with caution; PKK1's alibi/denials did not raise a reasonable doubt. Conversely, prosecution failed to eliminate reasonable inferences regarding the identity of the second entrant so the acquittal of PKK2 was lawful and must be...

Court Disposition

Appeal by Muhammad Adli Shah (PKK1) dismissed; convictions on all 23 counts of murder (s302) upheld; appeal by Pendakwa Raya against acquittal of Muhammad Arif Firdaus (PKK2) dismissed and acquittal affirmed

Orders

  • Appeal W-05(SH)-(277-299)-08/2020 by Muhammad Adli Shah dismissed and convictions on 23 counts under s302 Kanun Keseksaan and sentence of detention at the pleasure of Yang di-Pertuan Agong under s97(2) Akta Kanak-Kanak 2001 upheld
  • Appeal W-05(LB)-(70-82 & 84-93)-02/2020 by Pendakwa Raya dismissed; acquittal and discharge of Muhammad Arif Firdaus bin Juraini on all 23 counts affirmed