Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Death sentence

  • 19 Oct 2022

    Ringgie Anak Ampas [ ]

    Citation
    Q-05(M)-154-03/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-154-03/2019 (Mahkamah Rayuan)

    The Court found the prosecution proved all elements of murder under s.300(c) because the appellant intentionally inflicted injuries by firing a shotgun that were sufficient in the ordinary course of nature to cause death; the appellant failed to prove on the balance of probabilities that he was deprived of self‑control by grave and sudden provocation, and in any event the use of a shotgun was a disproportionate response; therefore the conviction for murder and the death sentence were upheld.

  • 14 Feb 2022

    Eddy Anak Ganeng [ ]

    Citation
    Q-05(M)-272-06/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-272-06/2019 (Mahkamah Rayuan)

    The Court held the prosecution proved the essential elements of murder under ss.299 and 300 by direct eyewitness identification, undisputed post-mortem evidence of fatal chest gunshot, and supporting conduct (voluntary surrender); absence of forensic linkage to a specific firearm or GSR did not defeat the prima facie case because the prosecution did not rely on a particular weapon; intention was properly inferred from the circumstances, therefore conviction and death sentence were safe and affirmed.

  • 10 Mar 2020

    Sumesh Sudhakaran

    Citation
    B-05(M)-88-02/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-88-02/2018 (Mahkamah Rayuan)

    Court upheld trial judge's findings: expert forensic evidence and the totality of circumstantial evidence (exposed quantities of drugs, paraphernalia consistent with a lab, DNA profiles on multiple items, premises secured and items within close proximity to appellants, absence of cleaning equipment) established appellants had knowledge, control and participated in manufacturing/processing within the scope of s.2 DDA and had common intention under s.34 Penal Code; trial judge properly evaluated credibility and exhibit identification; therefore convictions and death sentences were affirmed.