Malaysia Case Law: Decisions & Judgments

Topic

Culpable homicide not amounting to murder (s.304(a) penal code)

Legal area

Court

14 May 2024

[ ] Maidin Bin Ibnuhashim

Citation

S-05(SH)-475-10/2022 (Mahkamah Rayuan)
Court

SH
Case number

S-05(SH)-475-10/2022 (Mahkamah Rayuan)

The Court held that the prosecution failed to prove murder under s.302 read with s.300(c) because there was insufficient evidence that the injuries would in the ordinary course of nature cause death and there was reasonable doubt as to intention to cause death; however the evidence proved intention to inflict bodily injury likely to cause death (2nd limb of s.299), supporting conviction for culpable homicide not amounting to murder under s.304(a); accordingly the High Court's conviction under s.304(a) and the 18-year sentence were affirmed.
29 Nov 2023

[Timbalan (TPR), Jabatan Peguam Negara] Sanderasegaran A/l Nithenanham

Citation

05(L)-68-04/2022(A) (Mahkamah Persekutuan)
Court

L
Case number

05(L)-68-04/2022(A) (Mahkamah Persekutuan)

The Federal Court held the trial judge's omission to name the specific limb of s.300 did not occasion a miscarriage of justice where the prosecution had clearly relied on and adduced evidence proving s.300(c); the appellate court may re-examine evidence to determine whether elements were established; the non-production of Peruwati did not warrant an adverse inference because her evidence would have been cumulative of SP6 and did not create a gap; the defence failed to raise reasonable doubt; accordingly the Court of Appeal's substitution was set aside, the High Court conviction under s.302 re…

Malaysia Case Law

[ ] Maidin Bin Ibnuhashim

[Timbalan (TPR), Jabatan Peguam Negara] Sanderasegaran A/l Nithenanham