1. ) [05-76-04/2017 (J)] LETITIA BOSMAN 2. ) [05-179-08/2017 (B)] JORGE CRESPO GOMEZ 3. ) [05-214-09/2017 (K)] BENJAMIN WILLIAM HAWKES 4. ) [05(M)-118-05/2018 (B)] PUBALAN S/O PEREMAL

1. ) [05-76-04/2017 (J)] LETITIA BOSMAN 2. ) [05-179-08/2017 (B)] JORGE CRESPO GOMEZ 3. ) [05-214-09/2017 (K)] BENJAMIN WILLIAM HAWKES 4. ) [05(M)-118-05/2018 (B)] PUBALAN S/O PEREMAL

Because the forensic pathologist was not asked to and did not express an opinion on the nature of the injuries and their likely and natural effects, the evidence was insufficient to sustain a conviction for murder under s 300; the conviction was therefore unsafe and was set aside and substituted with culpable...

Source-derived case information.

Citation
05-76-04/2017 (J); 05-179-08/2017 (B); 05-214-09/2017 (K); 05(M)-118-05/2018 (B) (Mahkamah Persekutuan)
Parties
Appellant: Pubalan a/l Peremal; Respondent: Pendakwa Raya
Court
J
Jurisdiction
Malaysia
Judgment Date
13 August 2020
Case Number
05-76-04/2017 (J); 05-179-08/2017 (B); 05-214-09/2017 (K); 05(M)-118-05/2018 (B) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal (murder) / Final Judgment on Appeal to the Federal Court
Outcome
Conviction for murder set aside and substituted with conviction for culpable homicide under limb (a) of s 304 Penal Code; sentence of 15 years imprisonment imposed to take effect from date of arrest.
Legal Topics
Murder Vs Culpable Homicide, Mens Rea, Role and Duty of Expert Witnesses, Post Mortem Evidence, Interpretation of Ss 299, 300 and 304 Penal Code
Criminal Law Forensic Evidence Evidence Law Sentencing Court Procedure Murder Vs Culpable Homicide Mens Rea Role and Duty of Expert Witnesses +2 more

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Summary, issues, holding and outcome

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Parties

Pubalan a/l Peremal

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (murder) / Final Judgment on Appeal to the Federal Court

Legal Issues

  1. 1 Whether forensic pathologist's evidence was sufficiently specific on nature and likely effects of injuries to sustain a murder conviction under s 300 Penal Code
  2. 2 Whether trial judge erred in law by not directing attention to distinction between culpable homicide (s 299) and murder (s 300) and degree of mens rea
  3. 3 Whether conviction for murder should be substituted with culpable homicide under s 304

Ratio Decidendi

Because the forensic pathologist was not asked to and did not express an opinion on the nature of the injuries and their likely and natural effects, the evidence was insufficient to sustain a conviction for murder under s 300; the conviction was therefore unsafe and was set aside and substituted with culpable homicide under limb (a) of s 304 Penal Code, with sentence imposed accordingly.

Court Disposition

Conviction for murder set aside and substituted with conviction for culpable homicide under limb (a) of s 304 Penal Code; sentence of 15 years imprisonment imposed to take effect from date of arrest.

Orders

  • Set aside conviction for murder under s 302 Penal Code
  • Substitute conviction for culpable homicide under limb (a) of s 304 Penal Code