ZULKIPLE BIN MOHAMAD PUBLIC PROSECUTOR

ZULKIPLE BIN MOHAMAD PUBLIC PROSECUTOR

Where an accused intentionally inflicts the bodily injury that is proved to be present and that injury is objectively sufficient in the ordinary course of nature to cause death, the offence is murder under section 300(c) even if the accused did not intend to cause death or know death was likely; applying that rule, the appellant's intentional blows to the head causing skull fractures and brain injury, corroborated by autopsy and DNA evidence, satisfy s300(c) and warrant conviction and death sentence.

Citation
05(M)-55-03/2018(J) (Mahkamah Persekutuan)
Parties
Appellant: Zulkiple bin Mohamad; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
17 November 2021
Case Number
05(M)-55-03/2018(J) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal (murder) / Appeal to the Federal Court; Judgment and Dismissal of Appeal
Outcome
Appeal dismissed; conviction and death sentence affirmed.
Legal Topics
Murder Under Section 300(c) Penal Code, Mens Rea for Murder, Causation and Sufficiency of Injury, DNA Evidence and Sexual Assault, Concurrence of Findings on Appeal
Source Language
Malay/English
Criminal Law Evidence Forensic Pathology Murder Under Section 300(c) Penal Code Mens Rea for Murder Causation and Sufficiency of Injury DNA Evidence and Sexual Assault Concurrence of Findings on Appeal

Case Brief

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Parties

Zulkiple bin Mohamad

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (murder) / Appeal to the Federal Court; Judgment and Dismissal of Appeal

Legal Issues

  1. 1 Whether the appellant's intentional blows that fractured the skull fall within clause (c) of section 300 Penal Code
  2. 2 Whether prosecution must prove intention to cause death or only intention to inflict the injury proved
  3. 3 Whether medical and DNA evidence sufficiently establish cause of death and presence of appellant at scene

Ratio Decidendi

Where an accused intentionally inflicts the bodily injury that is proved to be present and that injury is objectively sufficient in the ordinary course of nature to cause death, the offence is murder under section 300(c) even if the accused did not intend to cause death or know death was likely; applying that rule, the appellant's intentional blows to the head causing skull fractures and brain injury, corroborated by autopsy and DNA evidence, satisfy s300(c) and warrant conviction and death sentence.

Court Disposition

Appeal dismissed; conviction and death sentence affirmed.

Orders

  • Appeal dismissed and conviction and sentence of death under section 302 Penal Code affirmed by the Federal Court.