NORAIZUWAN BIN HAMALI

NORAIZUWAN BIN HAMALI

The Court upheld the trial judge's factual findings because the totality of circumstantial evidence — the pathologist's finding of non-accidental blunt abdominal trauma causing death, proof that appellant was the last person with the victim, appellant's inconsistent and false explanations amounting to corroboration,...

Source-derived case information.

Citation
R-05(M)-49-01/2022 (Mahkamah Rayuan)
Parties
Appellant/perayu: Noraizuwan bin Hamali; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
13 March 2024
Case Number
R-05(M)-49-01/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal — Murder (s.302 Penal Code) / Appeal Judgment (court of Appeal)
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Murder/culpable Homicide, Last Seen Together Doctrine, Circumstantial Evidence, Corroboration by Lies, Expert Medical Evidence, Sentencing After Abolition of Mandatory Death Penalty
Criminal Law Evidence Forensic Pathology Sentencing Murder/culpable Homicide Last Seen Together Doctrine Circumstantial Evidence Corroboration by Lies +2 more

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Summary, issues, holding and outcome

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Parties

Noraizuwan bin Hamali

Appellant/perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal — Murder (s.302 Penal Code) / Appeal Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the appellant caused the death of the victim and is guilty of murder under s.302 Penal Code
  2. 2 Whether the trial judge's findings of fact should be disturbed on appeal
  3. 3 Whether the 'last seen together' doctrine and other circumstantial evidence suffice for conviction

Ratio Decidendi

The Court upheld the trial judge's factual findings because the totality of circumstantial evidence — the pathologist's finding of non-accidental blunt abdominal trauma causing death, proof that appellant was the last person with the victim, appellant's inconsistent and false explanations amounting to corroboration, and absence of any plausible alternative explanation — led to only one irresistible conclusion: the appellant committed the murder. The conviction under s.302 was therefore safe; however sentence was varied under Act 846 to 35 years' imprisonment (from date of arrest) and 12 strokes of the rotan.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction under Section 302 Penal Code upheld
  • Death sentence set aside and substituted with imprisonment for 35 years from 19 April 2018