AZAMI BIN MOHAMED [ ]

AZAMI BIN MOHAMED [ ]

The Court held the trial judge correctly found the prosecution proved beyond reasonable doubt that the appellant intentionally used his car as a weapon to kill Rohadi bin Yaakob and attempt to kill Zakaria bin Taib, based on unchallenged eye-witness testimony, forensic medical evidence of severe/high-velocity injuries, vehicle damage analysis and appellant's own words and conduct; private defence failed and the convictions under Sections 302, 307 and 182 were affirmed.

Citation
T-05(SH)-332-08/2019 (Mahkamah Rayuan)
Parties
Appellant/perayu: Azami bin Mohamed; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
23 November 2022
Case Number
T-05(SH)-332-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed; convictions and sentences affirmed.
Legal Topics
Murder (section 302), Attempted Murder (section 307), False Report (section 182), Intention and Circumstantial Evidence, Private Defence (section 80), Appellate Review
Source Language
Malay/English
Criminal Law Homicide Attempted Murder False Information to Public Servant Murder (section 302) Attempted Murder (section 307) False Report (section 182) Intention and Circumstantial Evidence +2 more

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Parties

Azami bin Mohamed

Appellant/perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether prosecution proved intention to kill beyond reasonable doubt
  2. 2 Whether appellant entitled to private defence under Section 80 Kanun Keseksaan
  3. 3 Whether report P64 constituted a false written statement punishable under Section 182 Kanun Keseksaan

Ratio Decidendi

The Court held the trial judge correctly found the prosecution proved beyond reasonable doubt that the appellant intentionally used his car as a weapon to kill Rohadi bin Yaakob and attempt to kill Zakaria bin Taib, based on unchallenged eye-witness testimony, forensic medical evidence of severe/high-velocity injuries, vehicle damage analysis and appellant's own words and conduct; private defence failed and the convictions under Sections 302, 307 and 182 were affirmed.

Court Disposition

Appeals dismissed; convictions and sentences affirmed.

Orders

  • Appeals dismissed.
  • Conviction under Section 302 Kanun Keseksaan for murder affirmed; sentence of death affirmed.