ABDUL HADI BIN ABU BAKAR [ ]

ABDUL HADI BIN ABU BAKAR [ ]

The Court dismissed the appeals: the acts of abducting and wrongfully restraining the victim formed one continuous transaction permitting a single kidnapping charge; witness evidence (victim, SP13 and others) provided credible and corroborative proof of identity, ransom demand and payment sequence; discovery-type...

Source-derived case information.

Citation
T-05(SH)-203-07/2020 (Mahkamah Rayuan)
Parties
Appellant (okt1): Mohd Zairolnizan bin Md Nor; Appellant (okt2): Mohd Khairul Anuar bin Musa; Appellant (okt3): Abdul Hadi bin Abu Bakar; Respondent: Pendakwa Raya (Public Prosecutor)
Court
SH
Jurisdiction
Malaysia
Judgment Date
4 July 2024
Case Number
T-05(SH)-203-07/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Against Conviction and Sentence for Kidnapping / Court of Appeal Decision on Appeal From High Court Conviction and Sentencing
Outcome
Appeals dismissed; convictions and sentences upheld
Legal Topics
Kidnapping (s3 Kidnapping Act 1961), Joint Liability/section 34 Penal Code, Duplicity/duplicity in Charging, Accomplice Evidence and Corroboration, Identification Parade and Dock Identification, Admissibility of Discovery Statements (s27 Evidence Act), Confessions and Admissions (s16 Kidnapping Act), Standard of Appellate Review on Credibility
Criminal Law Evidence Law Procedural Law Sentencing Kidnapping (s3 Kidnapping Act 1961) Joint Liability/section 34 Penal Code Duplicity/duplicity in Charging Accomplice Evidence and Corroboration +4 more

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Parties

Mohd Zairolnizan bin Md Nor

Appellant (okt1)

Mohd Khairul Anuar bin Musa

Appellant (okt2)

Abdul Hadi bin Abu Bakar

Appellant (okt3)

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal Against Conviction and Sentence for Kidnapping / Court of Appeal Decision on Appeal From High Court Conviction and Sentencing

  1. 1 Whether the indictment was defective for duplicity contrary to s163 CPC
  2. 2 Whether witness SP13 was an accomplice whose evidence required corroboration
  3. 3 Whether prosecution proved the demand/intent to obtain ransom as required by s2 Akta 365

Ratio Decidendi

The Court dismissed the appeals: the acts of abducting and wrongfully restraining the victim formed one continuous transaction permitting a single kidnapping charge; witness evidence (victim, SP13 and others) provided credible and corroborative proof of identity, ransom demand and payment sequence; discovery-type information from appellants admissible under s27 Evidence Act; identified inconsistencies and procedural criticisms did not create reasonable doubt; thus convictions under s3 Akta Penculikan 1961 read with s34 Penal Code and the sentences imposed by the High Court are safe and are affirmed.

Court Disposition

Appeals dismissed; convictions and sentences upheld

Orders

  • Appeals dismissed
  • Convictions under s3(1) Akta Penculikan 1961 (Act 365) read with s34 Kanun Keseksaan affirmed for all appellants