Malaysia Case Law: Decisions & Judgments

Topic

Motive

Legal area

Court

16 Aug 2022

Siti Syariza Binti Ibrahim [ ]

Citation

J-05(M)-445-12/2020 (Mahkamah Rayuan)
Court

M
Case number

J-05(M)-445-12/2020 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: the prosecution proved murder under s.300(c) and common intention under s.34 by a combination of direct ocular testimony and corroborated accomplice evidence, supported by the pathologist's findings; motive, while relevant, was not essential and its imperfect proof did not defeat the overall case; therefore convictions and mandatory death sentences were upheld.
18 Feb 2021

Tee Hock Keong

Citation

B-05(M)-575-12/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-575-12/2017 (Mahkamah Rayuan)

P109 (Wulandari's s.112 statement) was inadmissible because prosecution failed to take reasonable and best endeavours to secure her attendance, but the conviction is safe and must stand because independent direct and circumstantial evidence without P109 established motive, placed the appellant holding a knife and last with the victim before collapse, SP17 and SP18 were not accomplices and the appellant's alibi was unsupported.
16 Jul 2020

WAN MASRUL FAIZIE BIN WAN MUSTAPHA

Citation

W-06A(M)-25-09/2018 (Mahkamah Rayuan)
Court

M
Case number

W-06A(M)-25-09/2018 (Mahkamah Rayuan)

The combined circumstantial evidence—applicant's financial grievance, meeting with the deceased on the day, possession of the pistol with matching ballistic characteristics to casings found at the scene, gunshot residue on pistol and clothing, and matching soil on the applicant's motorcycle—when accepted by the trial judge, established guilt beyond reasonable doubt; appellate court will not disturb credibility findings, therefore conviction and death sentence affirmed.

Malaysia Case Law

Siti Syariza Binti Ibrahim [ ]

Tee Hock Keong

WAN MASRUL FAIZIE BIN WAN MUSTAPHA