Shohel [ ]

Shohel [ ]

The appeal was dismissed because the information supplied by the appellant to police that led to discovery of the axe and clothing was properly admissible under s.27 Evidence Act; voluntariness is not a precondition of admissibility under s.27 and no satisfactory proof of involuntariness or prejudice was raised to justify exclusion; the appellant's conduct was admissible under s.8(2); forensic (DNA) and corroborative circumstantial evidence cumulatively proved guilt beyond reasonable doubt; failure to call Farouk did not create a fatal gap as he was untraceable and not shown to be material; therefore conviction under section 302 and death sentence were safe and maintained.

Citation
B-05(M)-520-11/2019 (Mahkamah Rayuan)
Parties
Appellant: Shohel; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
2 November 2022
Case Number
B-05(M)-520-11/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed; conviction and death sentence upheld
Legal Topics
Murder, Admissibility of S.27 Statements, Confession Voluntariness (s.24), Section 114(g) Adverse Inference, Conduct Evidence S.8(2), DNA Evidence
Source Language
Malay/English
Criminal Law Evidence Law Forensic Evidence Murder Admissibility of S.27 Statements Confession Voluntariness (s.24) Section 114(g) Adverse Inference Conduct Evidence S.8(2) +1 more

Case Brief

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Parties

Shohel

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether statements/information given by appellant to police were admissible under s.27 Evidence Act despite voluntariness concerns under s.24
  2. 2 Whether failure to call Farouk required adverse inference under s.114(g) Evidence Act
  3. 3 Whether trial judge relied on facts unsupported by evidence and whether such errors affected safety of conviction

Ratio Decidendi

The appeal was dismissed because the information supplied by the appellant to police that led to discovery of the axe and clothing was properly admissible under s.27 Evidence Act; voluntariness is not a precondition of admissibility under s.27 and no satisfactory proof of involuntariness or prejudice was raised to justify exclusion; the appellant's conduct was admissible under s.8(2); forensic (DNA) and corroborative circumstantial evidence cumulatively proved guilt beyond reasonable doubt; failure to call Farouk did not create a fatal gap as he was untraceable and not shown to be material; therefore conviction under section 302 and death sentence were safe and maintained.

Court Disposition

Appeal dismissed; conviction and death sentence upheld

Orders

  • Appeal dismissed
  • Conviction under section 302 Penal Code maintained