Ringgie Anak Ampas [ ]

Ringgie Anak Ampas [ ]

The Court found the prosecution proved all elements of murder under s.300(c) because the appellant intentionally inflicted injuries by firing a shotgun that were sufficient in the ordinary course of nature to cause death; the appellant failed to prove on the balance of probabilities that he was deprived of self‑control by grave and sudden provocation, and in any event the use of a shotgun was a disproportionate response; therefore the conviction for murder and the death sentence were upheld.

Citation
Q-05(M)-154-03/2019 (Mahkamah Rayuan)
Parties
Appellant: Ringgie Anak Ampas; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
19 October 2022
Case Number
Q-05(M)-154-03/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Conviction
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Murder, Provocation Defence, Section 300(c) Penal Code, Mens Rea, Burden of Proof, Death Sentence
Source Language
Malay/English
Criminal Law Evidence Murder Provocation Defence Section 300(c) Penal Code Mens Rea Burden of Proof Death Sentence

Case Brief

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Parties

Ringgie Anak Ampas

Appellant

Public Prosecutor

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the elements of murder under s.300(c) Penal Code were proved
  2. 2 Whether the appellant established Exception 1 (grave and sudden provocation) to reduce murder to culpable homicide not amounting to murder
  3. 3 Whether the appellant's reaction (firing a shotgun) was proportionate to any provocation

Ratio Decidendi

The Court found the prosecution proved all elements of murder under s.300(c) because the appellant intentionally inflicted injuries by firing a shotgun that were sufficient in the ordinary course of nature to cause death; the appellant failed to prove on the balance of probabilities that he was deprived of self‑control by grave and sudden provocation, and in any event the use of a shotgun was a disproportionate response; therefore the conviction for murder and the death sentence were upheld.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction and death sentence affirmed