Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Murder (s.300 penal code)

Legal area

Court

21 Jan 2025

[ ] XXXX

Citation

CB-45B-1-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-1-05/2020 (Mahkamah Tinggi)

Although the Court of Appeal had found a prima facie case of murder, the High Court, on considering the sworn defence evidence, concluded the accuseds' evidence created reasonable doubt and that the facts fit Exception 4 (sudden fight), thereby reducing the offence to culpable homicide punishable under s.304(a) and ordering placement at Sekolah Henry Gurney for three years commencing 21.01.2025.
8 Feb 2024

1. ) XXXX 2. ) Samirah Bin Muzaffar 3. ) Haziq Aiman [ ]

Citation

B-05-293-07/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-05-293-07/2022 (Mahkamah Rayuan)

Appeal dismissed and High Court acquittal affirmed because prosecution failed to prove a prima facie case: time of death was not established within the charged period, the last‑seen together theory and mere opportunity lacked corroborative links to implicate respondents, expert evidence was conflicting (notably unaddressed blast indicators by the first pathologist and unreliable late opinions on movement of the body), and there was no proven motive or common intention tying respondents to the killing.