24 Jun 2022
MUTHUKUMAR A/L M SINNATHAMBY [ ]
- Citation
- B-05(M)-631-12/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- B-05(M)-631-12/2018 (Mahkamah Rayuan)
The Court held the prosecution did not prove the essential elements of the offences beyond reasonable doubt because eyewitnesses were inconsistent and admitted not seeing the weapon, the linkage between the appellant and the blade exhibits was not established (missing fingerprints, discrepancy in number of blades), material medical records and treating doctor from HTAR were not produced, and the trial judge failed to critically analyse these matters. Those cumulative defects made the convictions unsafe; accordingly convictions under s.302 and s.324 and associated sentences were quashed and th…