[Timbalan (TPR), Jabatan Peguam Negara] TAN CHUAN MING

[Timbalan (TPR), Jabatan Peguam Negara] TAN CHUAN MING

The prosecution failed to establish a prima facie case for murder under s.302 but established a prima facie case for culpable homicide not amounting to murder under s.304(a). The defendant pleaded guilty to the amended charge; having weighed guilty plea, first offender status, remorse, lengthy pre-trial detention and public interest and proportionality, the court sentenced the defendant to 12 years' imprisonment effective from arrest on 15.3.2020.

Citation
WA-45B-7-11/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Tan Chuan Ming
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 November 2024
Case Number
WA-45B-7-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Homicide (original Charge S.302 Penal Code Amended to S.304(a) Penal Code) / Conviction and Sentencing After Guilty Plea to Amended Charge
Outcome
Convicted on amended charge under s.304(a) Penal Code and sentenced to imprisonment.
Legal Topics
Section 302 Penal Code, Section 304(a) Penal Code, Guilty Plea Mitigation, Mitigation and Aggravation, Public Interest, Proportionality in Sentencing
Source Language
Malay/English
Criminal Law Sentencing Homicide Section 302 Penal Code Section 304(a) Penal Code Guilty Plea Mitigation Mitigation and Aggravation Public Interest +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Tan Chuan Ming

Defendant

Procedural Posture

Criminal Homicide (original Charge S.302 Penal Code Amended to S.304(a) Penal Code) / Conviction and Sentencing After Guilty Plea to Amended Charge

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case for murder under s.302
  2. 2 Whether an amended charge under s.304(a) was supported by the evidence
  3. 3 What sentence is appropriate given guilty plea, first offender status, remorse and public interest

Ratio Decidendi

The prosecution failed to establish a prima facie case for murder under s.302 but established a prima facie case for culpable homicide not amounting to murder under s.304(a). The defendant pleaded guilty to the amended charge; having weighed guilty plea, first offender status, remorse, lengthy pre-trial detention and public interest and proportionality, the court sentenced the defendant to 12 years' imprisonment effective from arrest on 15.3.2020.

Court Disposition

Convicted on amended charge under s.304(a) Penal Code and sentenced to imprisonment.

Orders

  • Sentence of 12 years' imprisonment commencing from 15 March 2020.