Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Common intention (section 34 kk)

Legal area

Court

9 Oct 2024

[Timbalan (TPR), Jabatan Peguam Negara] NAVUKARASAN A/L RETHINASINGAM

Citation

B-05-560-11/2023 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-05-560-11/2023 (Mahkamah Rayuan)

The Court allowed the prosecution's appeal, holding the High Court erred in law and fact by downgrading the charge; on maximum evaluation the prosecution had established a prima facie case for murder under section 302 KK, the High Court's amendment to section 304(a) effectively disposed of the original charge and was reviewable by appeal, and the proper order is to set aside the High Court decision and call the accused to answer the original section 302 KK charge.
21 Jun 2024

MUHAMMAD RAMZAN

Citation

B-05(M)-158-04/2023 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-158-04/2023 (Mahkamah Rayuan)

The Court held that the trial judge correctly found a prima facie case and that the prosecution proved guilt beyond reasonable doubt by the totality of credible witness testimony and converging circumstantial evidence (including statement leading to discovery, DNA linking Perayu 2, possession of the deceased's phone and conduct of the appellants); therefore convictions under Section 302 read with Section 34 KK were upheld. However, applying the Abolition of Mandatory Death Penalty Act 2022 and considering that the offences were not of the 'rarest of the rare' class, the mandatory death senten…