18 Oct 2022
MOHAMAD ROSLI BIN NAQUR GANI [ ]
- Citation
- C-05(M)-524-11/2019 (Mahkamah Rayuan)
- Court
- M
- Case number
- C-05(M)-524-11/2019 (Mahkamah Rayuan)
The High Court's conviction for murder under section 302 was unsafe because it failed to properly consider the appellant's primary defence of grave and sudden provocation; the Court of Appeal held the imprecise time in the charge was not fatal or misleading, found the circumstantial and forensic evidence linked the appellant to the death and supported culpable homicide but remitted culpability to section 304(1) (first limb) due to misapplication in not evaluating provocation, and substituted conviction accordingly with a 22-year imprisonment sentence from date of arrest.