[ ] Amin bin Abdullah

[ ] Amin bin Abdullah

The Court of Appeal held the trial judge erred in finding that reasonable doubt was raised; notwithstanding flaws in the second identification parade, eyewitness recognition corroborated by medical and investigative evidence established the respondent's identity and guilt beyond reasonable doubt, therefore the acquittal was quashed and the respondent convicted of murder (s302) and two counts of grievous hurt (s326).

Citation
Q-05(LB)-352-08/2019 (Mahkamah Rayuan)
Parties
Appellant: Public Prosecutor; Respondent: Amin bin Abdullah
Court
LB
Jurisdiction
Malaysia
Judgment Date
7 February 2024
Case Number
Q-05(LB)-352-08/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Acquittal
Outcome
Appeal allowed; acquittal quashed; respondent convicted on all three charges (one count murder under s302 and two counts grievous hurt under s326).
Legal Topics
Murder (s302 Penal Code), Grievous Hurt (s326 Penal Code), Identification Parade, Alibi Defence, Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Evidence Procedural Law Sentencing Murder (s302 Penal Code) Grievous Hurt (s326 Penal Code) Identification Parade Alibi Defence +1 more

Case Brief

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Parties

Public Prosecutor

Appellant

Amin bin Abdullah

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Acquittal

Legal Issues

  1. 1 Whether the respondent was the assailant who caused death and grievous hurt
  2. 2 Validity and evidential value of the second identification parade
  3. 3 Credibility and consistency of eyewitness testimony

Ratio Decidendi

The Court of Appeal held the trial judge erred in finding that reasonable doubt was raised; notwithstanding flaws in the second identification parade, eyewitness recognition corroborated by medical and investigative evidence established the respondent's identity and guilt beyond reasonable doubt, therefore the acquittal was quashed and the respondent convicted of murder (s302) and two counts of grievous hurt (s326).

Court Disposition

Appeal allowed; acquittal quashed; respondent convicted on all three charges (one count murder under s302 and two counts grievous hurt under s326).

Orders

  • Quash order of acquittal and discharge by High Court
  • Convict respondent of murder under section 302 Penal Code