[ ] MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN

[ ] MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN

On the totality of the circumstantial and medical evidence the Federal Court concluded the prosecution proved beyond reasonable doubt that the respondent intentionally inflicted blunt force trauma to the child's head that was sufficient in the ordinary course of nature to cause death; the respondent was last seen with the deceased, his post-death conduct evidenced concealment and consciousness of guilt, his alibi failed to preclude presence at the scene, and premeditation or pre-existing malice is not a prerequisite for murder under s.300(c); therefore the Court restored the High Court conviction under s.302 and maintained the death sentence.

Citation
05(L)-15-01/2023(W) (Mahkamah Persekutuan)
Parties
Appellant: Public Prosecutor; Respondent: Muhammad Khairuanuar bin Baharuddin
Court
L
Jurisdiction
Malaysia
Judgment Date
27 August 2024
Case Number
05(L)-15-01/2023(W) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal / Final Appeal to the Federal Court (grounds of Judgment Issued)
Outcome
Appeal by the Public Prosecutor allowed; Court of Appeal decision set aside; High Court conviction under section 302 Penal Code restored and affirmed; respondent's appeal for acquittal dismissed; death sentence maintained.
Legal Topics
Murder (penal Code S.302), Culpable Homicide Not Amounting to Murder (s.304(b)), Section 300(c) Mens Rea, Last Seen Together Principle, Alibi Defence (criminal Procedure Code S.402 A), Post Mortem Evidence, Abolition of Mandatory Death Penalty Act 2023
Source Language
Malay/English
Criminal Law Homicide Forensic Evidence Sentencing Procedural Law Murder (penal Code S.302) Culpable Homicide Not Amounting to Murder (s.304(b)) Section 300(c) Mens Rea +4 more

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Parties

Public Prosecutor

Appellant

Muhammad Khairuanuar bin Baharuddin

Respondent

Procedural Posture

Criminal Appeal / Final Appeal to the Federal Court (grounds of Judgment Issued)

Legal Issues

  1. 1 Whether prosecution proved intention to inflict injuries
  2. 2 Whether injuries were sufficient in the ordinary course of nature to cause death (s.300(c))
  3. 3 Whether premeditation or pre-existing malice is required to establish murder

Ratio Decidendi

On the totality of the circumstantial and medical evidence the Federal Court concluded the prosecution proved beyond reasonable doubt that the respondent intentionally inflicted blunt force trauma to the child's head that was sufficient in the ordinary course of nature to cause death; the respondent was last seen with the deceased, his post-death conduct evidenced concealment and consciousness of guilt, his alibi failed to preclude presence at the scene, and premeditation or pre-existing malice is not a prerequisite for murder under s.300(c); therefore the Court restored the High Court conviction under s.302 and maintained the death sentence.

Court Disposition

Appeal by the Public Prosecutor allowed; Court of Appeal decision set aside; High Court conviction under section 302 Penal Code restored and affirmed; respondent's appeal for acquittal dismissed; death sentence maintained.

Orders

  • Set aside the Court of Appeal's substitution of conviction
  • Restore and affirm the High Court conviction under section 302 of the Penal Code