Untung [ ]

Untung [ ]

The Court found the prosecution proved murder under s.300(c) because injuries were intentionally inflicted and medically sufficient in the ordinary course of nature to cause death; appellant failed to discharge burden under s.105 to prove grave and sudden provocation or impairing psychiatric condition on balance of probabilities; trial judge properly discounted defence expert evidence as uncorroborated and based on untendered records; appeal dismissed and conviction and death sentence affirmed.

Citation
B-05(M)-252-08/2020 (Mahkamah Rayuan)
Parties
Appellant: Untung; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
6 October 2022
Case Number
B-05(M)-252-08/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder) / Court of Appeal Judgment on Appeal From High Court Conviction and Death Sentence
Outcome
Appeal dismissed; conviction and death sentence affirmed
Legal Topics
Murder, Provocation, Mens Rea, Expert Evidence, Section 300(c) Penal Code, Section 105 Evidence Act
Source Language
Malay/English
Criminal Law Evidence Forensic Medicine Psychiatry Murder Provocation Mens Rea Expert Evidence +2 more

Case Brief

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Parties

Untung

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (murder) / Court of Appeal Judgment on Appeal From High Court Conviction and Death Sentence

Legal Issues

  1. 1 Whether elements of murder under s.300(c) Penal Code were proved
  2. 2 Whether defence of grave and sudden provocation (Exception 1 s.300) was established on balance of probabilities
  3. 3 Whether appellant intended suicide rather than murder

Ratio Decidendi

The Court found the prosecution proved murder under s.300(c) because injuries were intentionally inflicted and medically sufficient in the ordinary course of nature to cause death; appellant failed to discharge burden under s.105 to prove grave and sudden provocation or impairing psychiatric condition on balance of probabilities; trial judge properly discounted defence expert evidence as uncorroborated and based on untendered records; appeal dismissed and conviction and death sentence affirmed.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed

Orders

  • Appeal dismissed
  • Conviction for murder and death sentence imposed by High Court affirmed