SUAIB BIN THANDI BUHARI BIN ASMAWIN

SUAIB BIN THANDI BUHARI BIN ASMAWIN

The Court of Appeal held that the cumulative circumstantial evidence—SP9's credible testimony placing the appellants chasing the deceased with parangs, the post mortem showing multiple slash wounds including fatal head injuries, the appellants' conduct in hiding and resisting arrest, and admissible s27 information proven by oral testimony leading to discovery of clothing and weapons—formed an irresistible chain excluding other reasonable hypotheses; s27 oral evidence was admissible and police reports served only corroborative value; therefore conviction and death sentence under section 302 Penal Code were safe and must be affirmed.

Citation
J-05(M)-329-09/2020 & J-05(M)-326-09/2020 (Mahkamah Rayuan)
Parties
Appellant: Suaib bin Thandi; Appellant: Buhari bin Asmawin; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
30 November 2021
Case Number
J-05(M)-329-09/2020 & J-05(M)-326-09/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Against Conviction for Murder (section 302 Penal Code) / Court of Appeal Hearing and Grounds of Judgment; Appeal Dismissed and High Court Conviction and Death Sentence Affirmed
Outcome
Appeal dismissed; conviction under section 302 Penal Code and death sentence affirmed by Court of Appeal
Legal Topics
Circumstantial Evidence, Section 27 Evidence Act 1950 (discovery), Common Intention (section 34 Penal Code), Admissibility of Police Statements, Credibility of Witnesses, Conduct as Evidence (section 8 Evidence Act), Post Mortem Evidence
Source Language
Malay/English
Criminal Law Evidence Law Procedure Forensic Evidence Circumstantial Evidence Section 27 Evidence Act 1950 (discovery) Common Intention (section 34 Penal Code) Admissibility of Police Statements +3 more

Case Brief

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Parties

Suaib bin Thandi

Appellant

Buhari bin Asmawin

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal Against Conviction for Murder (section 302 Penal Code) / Court of Appeal Hearing and Grounds of Judgment; Appeal Dismissed and High Court Conviction and Death Sentence Affirmed

Legal Issues

  1. 1 Whether circumstantial evidence was sufficient to convict the appellants of murder beyond reasonable doubt
  2. 2 Whether statements/information attributed to the appellants that led to discovery were admissible under section 27 Evidence Act 1950
  3. 3 Whether allegedly joint or identical police reports render s27 information inadmissible

Ratio Decidendi

The Court of Appeal held that the cumulative circumstantial evidence—SP9's credible testimony placing the appellants chasing the deceased with parangs, the post mortem showing multiple slash wounds including fatal head injuries, the appellants' conduct in hiding and resisting arrest, and admissible s27 information proven by oral testimony leading to discovery of clothing and weapons—formed an irresistible chain excluding other reasonable hypotheses; s27 oral evidence was admissible and police reports served only corroborative value; therefore conviction and death sentence under section 302 Penal Code were safe and must be affirmed.

Court Disposition

Appeal dismissed; conviction under section 302 Penal Code and death sentence affirmed by Court of Appeal

Orders

  • Appeal dismissed
  • High Court conviction and sentence affirmed