Tony Anak Rambor [ ]

Tony Anak Rambor [ ]

The Court of Appeal affirmed the High Court: eyewitness evidence of PW4 and PW12 was credible and corroborated by forensic pathology and DNA on wood chips; defences of provocation, intoxication and sudden fight were not proved on the balance of probabilities; absence of recovery of a specific murder weapon did not vitiate the prosecution's case; conviction for murder and death sentence are safe and are affirmed.

Citation
Q-05(M)-4-01/2019 (Mahkamah Rayuan)
Parties
Appellant: Tony Anak Rambor; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
14 February 2022
Case Number
Q-05(M)-4-01/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Murder / Court of Appeal Judgment (appeal Heard; Judgment Delivered)
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Murder (s302 Penal Code), Culpable Homicide, Provocation, Intoxication (ss85 86 Penal Code), Sudden Fight, Burden of Proof (s105 Evidence Act), Credibility of Eyewitnesses, Causation, Accessory After the Fact, Production of Murder Weapon
Source Language
Malay/English
Criminal Law Homicide Evidence Forensic Pathology Appeals Murder (s302 Penal Code) Culpable Homicide Provocation +7 more

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Parties

Tony Anak Rambor

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Murder / Court of Appeal Judgment (appeal Heard; Judgment Delivered)

Legal Issues

  1. 1 Whether grave and sudden provocation reduced offence to culpable homicide
  2. 2 Whether intoxication (ss85-86 Penal Code) exculpates or negates mens rea
  3. 3 Whether the incident was a sudden fight (exception to murder)

Ratio Decidendi

The Court of Appeal affirmed the High Court: eyewitness evidence of PW4 and PW12 was credible and corroborated by forensic pathology and DNA on wood chips; defences of provocation, intoxication and sudden fight were not proved on the balance of probabilities; absence of recovery of a specific murder weapon did not vitiate the prosecution's case; conviction for murder and death sentence are safe and are affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed; conviction for murder and sentence of death affirmed by Court of Appeal on 12 October 2022.