Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Excessive force
  • 6 Feb 2024

    Odang [ ]

    Citation
    Q-05(SH)-477-11/2021 (Mahkamah Rayuan)
    Court
    SH
    Case number
    Q-05(SH)-477-11/2021 (Mahkamah Rayuan)

    The Court found the accused inflicted an initial stab and then pursued the fleeing victim for about 400 metres and inflicted at least one further fatal stab; that pursuit and further attack removed any continuing reasonable apprehension of danger and thus exceeded the right of private defence under s96/s99(4)/s102 and disqualified the limited exceptions under s300 (Exception 2 and 4). The High Court’s finding of sudden fight was unsustainable; the proper conviction is murder under s302. The prosecution’s appeal is allowed, the accused’s appeal dismissed, and conviction substituted to murder w…