Malaysia Case Law: Decisions & Judgments

Topic

Murder (s.302)

Legal area

Court

6 Jun 2025

MOHD NIZAM SHAH BIN SHAHRUDDIN

Citation

AB-45B-2-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-45B-2-07/2020 (Mahkamah Tinggi)

Prosecution failed to prove murder (s.302) beyond reasonable doubt because credible evidence showed multiple assailants, contemporaneous statements and the defendant's sworn testimony raised reasonable doubt as to sole responsibility and specific intent to kill; medical evidence established cause of death (severe lung injury from rib fractures) but did not prove defendant knew of victim's fragile health or had intent to kill; accordingly charge amended to s.304(b) and defendant convicted under that provision.
3 Oct 2024

SUTHAKAR A/L SIVAKUMAR [ ]

Citation

05(M)-5-01/2023(C) (Mahkamah Persekutuan)
Court

M
Case number

05(M)-5-01/2023(C) (Mahkamah Persekutuan)

The Federal Court upheld convictions because contemporaneous eyewitness evidence provided clear, repeated in-court identifications assisted by adequate lighting and corroborated by multiple witnesses; minor discrepancies were immaterial, absence of an identification parade report did not undermine substantive in-court identification, the video was inadmissible without forensic authentication, medical evidence established multiple slash wounds to the head sufficient to cause death consistent with a sharp weapon, and the cumulative evidence established common intention under s.34; therefore con…
23 Jul 2024

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MUHAMMAD AKMAL ZUHAIRI BIN AZMAL 2. ) MUHAMMAD AZAMUDDIN BIN MAD SOFI 3. ) ABDOUL HAKEEM BIN MOHD ALI 4. ) MOHD HAFIZ FAUZAN BIN ISMAIL 5. ) MOHAMAD LUKHMANUL HAKIM BIN MOHD ZAIN 6. ) MUHAMMAD NA

Citation

W-05(H)-459-11/2021 (Mahkamah Rayuan)
Court

H
Case number

W-05(H)-459-11/2021 (Mahkamah Rayuan)

The Court found the prosecution had established a prima facie case; trial findings that SP24 and SP25 were credible eyewitnesses were entitled to deference; the evidence established common intention (s.34) and that repeated steam-iron burns inflicted by defendants caused death such that s.300(c) applied to OKT1–OKT5 and abetment by OKT6 under ss.107/109 was proved; therefore the trial judge erred in reducing charges to s.304(a) as s.302 was properly made out and was reinstated; convictions under s.330 were sustained and sentences adjusted on appeal.
1 Jun 2023

1. ) PERASANTHA A/L RAVI 2. ) THAYALAN A/L BASKARAN

Citation

BA-45B-22-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-22-07/2020 (Mahkamah Tinggi)

The prosecution failed to prove a prima facie case for murder under s.302/s.300(c) because mens rea (intention to cause injury sufficient in ordinary course to cause death) could not be reasonably inferred from the evidence; medical evidence established fatal blunt head trauma but causation and identity of the specific actors and force were not conclusively attributable to the defendants alone. However the prosecution presented sufficient direct and circumstantial evidence to establish a prima facie case for culpable homicide not amounting to murder under s.304(a), and the court therefore ame…
1 Jan 1900

PENDAKWARAYA PENDAKWARAYA OOI CHANG ANG

Citation

PA-45B-8-05/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45B-8-05/2017 (Mahkamah Tinggi)

Prosecution failed to prove a prima facie case for murder: evidence did not establish mens rea/premeditation or cause of death beyond reasonable doubt; facts were consistent with a non‑premeditated sudden fight (Exception 4 to s.300). Court amended charge under s.158 to culpable homicide (s.299) proceeded under s.304(a), accepted guilty plea and sentenced accused to 14 years' imprisonment.

Malaysia Case Law

MOHD NIZAM SHAH BIN SHAHRUDDIN

SUTHAKAR A/L SIVAKUMAR [ ]

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MUHAMMAD AKMAL ZUHAIRI BIN AZMAL 2. ) MUHAMMAD AZAMUDDIN BIN MAD SOFI 3. ) ABDOUL HAKEEM BIN MOHD ALI 4. ) MOHD HAFIZ FAUZAN BIN ISMAIL 5. ) MOHAMAD LUKHMANUL HAKIM BIN MOHD ZAIN 6. ) MUHAMMAD NA

1. ) PERASANTHA A/L RAVI 2. ) THAYALAN A/L BASKARAN

PENDAKWARAYA PENDAKWARAYA OOI CHANG ANG