6 Feb 2024
[ ] Odang
- Citation
- Q-05-487-12/2021 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- Q-05-487-12/2021 (Mahkamah Rayuan)
The Court of Appeal found the prosecution proved that the accused inflicted an initial stab at the motorcycle area and then pursued the fleeing victim for about 400 metres and inflicted further fatal injury, thereby exceeding any right of private defence and acting with premeditation/undue advantage; Exception 4 (sudden fight) and Exception 2 did not apply. The High Court's conviction under Section 304(a) was set aside and the accused was convicted of murder under Section 302 and sentenced to 30 years imprisonment and 12 strokes of the rotan.