Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Amendment of charge (s.158 cpc)

Legal area

Court

17 Oct 2025

AMIRUL AMIN BIN AMIRRUDDIN

Citation

BL-45B-4-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-45B-4-07/2023 (Mahkamah Tinggi)

Evidence (post-mortem, DNA, WhatsApp video confession, eyewitness procession to scene) established victim died from external airway occlusion caused by an object consistent with a pillow and that the accused knew his act was likely to cause death or grievous bodily harm but lacked the requisite intention/knowledge for murder; accordingly prosecution proved a prima facie case for culpable homicide not amounting to murder and the charge was amended to Section 304(b); accused pleaded guilty and was sentenced to seven years' imprisonment.
1 Jan 1900

PENDAKWARAYA PENDAKWARAYA OOI CHANG ANG

Citation

PA-45B-8-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45B-8-05/2017 (Mahkamah Tinggi)

Prosecution failed to prove a prima facie case for murder: evidence did not establish mens rea/premeditation or cause of death beyond reasonable doubt; facts were consistent with a non‑premeditated sudden fight (Exception 4 to s.300). Court amended charge under s.158 to culpable homicide (s.299) proceeded under s.304(a), accepted guilty plea and sentenced accused to 14 years' imprisonment.