Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ballistics

  • 16 Nov 2021

    KHAIRUL IKHWAN BIN MUHAMAD KASIM [Jabatan Peguam Negara]

    Citation
    B-05(M)-279-07/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-279-07/2019 (Mahkamah Rayuan)

    Viewing the incident as a single transaction, the court found the firearm was discharged while the appellant was committing robbery; credible eyewitness identification and ballistic evidence linked the recovered revolver to the shooting; failure to call Najmi did not justify an adverse inference because firearm ownership was not material to identity of shooter and the prosecution offered the witness to the defence; conduct of the appellant in leading police to the weapon was admissible (s8) even if parts of recorded statements were inadmissible (s27); therefore the conviction and death senten…

  • 16 Jul 2020

    WAN MASRUL FAIZIE BIN WAN MUSTAPHA

    Citation
    W-06A(M)-25-09/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    W-06A(M)-25-09/2018 (Mahkamah Rayuan)

    The combined circumstantial evidence—applicant's financial grievance, meeting with the deceased on the day, possession of the pistol with matching ballistic characteristics to casings found at the scene, gunshot residue on pistol and clothing, and matching soil on the applicant's motorcycle—when accepted by the trial judge, established guilt beyond reasonable doubt; appellate court will not disturb credibility findings, therefore conviction and death sentence affirmed.

  • 26 Apr 2018

    1. ) Cheah Chong Tatt 2. ) Mohd Hafizuddin bin Zainal Abidin

    Citation
    A-05(M)-3-01/2017 (Mahkamah Rayuan)
    Court
    M
    Case number
    A-05(M)-3-01/2017 (Mahkamah Rayuan)

    The Court held the totality of evidence (CCTV footage showing struggle, shooter and removal of money, SMS messages evidencing planning and intent, witness identifications, issuance and recovery of a serviceable revolver with spent casings consistent with wounds, post-mortem confirming close-range gunshot death, and recovery of significant amounts from appellants plus flight to Thailand) formed a complete chain of circumstantial evidence irresistibly pointing to the appellants' guilt; the defences failed to raise reasonable doubt and convictions under s.3 (Perayu Kedua) and s.3A (Perayu Pertam…