ZARMAYADE BIN ABDULLAH [ ]

ZARMAYADE BIN ABDULLAH [ ]

Court held cumulative circumstantial evidence (identification, appellant's vehicle proximity, possession and sale of victim's property, DNA of victim on appellant's bag, rings of victim in the bag and wounds consistent with multiple attacks on vital organs) established guilt beyond reasonable doubt; nature of wounds established intent to kill; conviction under s302 Penal Code upheld but death sentence commuted to 40 years' imprisonment and 12 strokes.

Citation
D-05(M)-3-01/2021 (Mahkamah Rayuan)
Parties
Appellant/accused: Zarmayade bin Abdullah; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
24 August 2023
Case Number
D-05(M)-3-01/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder Under Section 302 Penal Code) / Court of Appeal Judgment on Appeal
Outcome
Conviction under section 302 Penal Code upheld; death sentence set aside and substituted with 40 years imprisonment and 12 strokes.
Legal Topics
Murder, Circumstantial Evidence, Identification Procedures, DNA Evidence, Last Seen Together Doctrine, Intent (mens Rea), Commutation of Death Sentence
Source Language
Malay/English
Criminal Law Evidence Forensic Science Sentencing Law Murder Circumstantial Evidence Identification Procedures DNA Evidence +3 more

Case Brief

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Parties

Zarmayade bin Abdullah

Appellant/accused

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (murder Under Section 302 Penal Code) / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether a prima facie case was established at the close of the prosecution case
  2. 2 Whether the appellant's defence raised a reasonable doubt
  3. 3 Whether the injuries and surrounding circumstances established intent to kill under s300/302 Penal Code

Ratio Decidendi

Court held cumulative circumstantial evidence (identification, appellant's vehicle proximity, possession and sale of victim's property, DNA of victim on appellant's bag, rings of victim in the bag and wounds consistent with multiple attacks on vital organs) established guilt beyond reasonable doubt; nature of wounds established intent to kill; conviction under s302 Penal Code upheld but death sentence commuted to 40 years' imprisonment and 12 strokes.

Court Disposition

Conviction under section 302 Penal Code upheld; death sentence set aside and substituted with 40 years imprisonment and 12 strokes.

Orders

  • Conviction under section 302 Penal Code upheld.
  • Death sentence set aside.