Malaysia Case Law: Decisions & Judgments

Topic

Murder (s302)

Legal area

Court

9 Dec 2024

Shahril Bin Tamsir [ ]

Citation

J-05(SH)-275-08/2023 (Mahkamah Rayuan)
Court

SH
Case number

J-05(SH)-275-08/2023 (Mahkamah Rayuan)

The Court held there was justification to exercise appellate discretion to reduce the sentence after balancing the seriousness of the offence against significant mitigating factors (appellant's mental illness, age, first offender status and cooperation); accordingly the 32-year imprisonment was substituted with 30 years' imprisonment from the date of arrest (31 August 2017).
27 Oct 2023

[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

Citation

BA-45B-22-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-22-04/2021 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case for murder under section 302 because mens rea required by section 300(c) (intention to cause bodily injury sufficient in the ordinary course of nature to cause death) was not proved by adequate specific evidence; however the evidence did establish a prima facie case for culpable homicide not amounting to murder under section 304(a). The court therefore validly amended the charge under section 158 CPC to s304(a), called the accused to enter their defence, and properly stayed defence proceedings pending resolution of prosecution's appeals to pr…
21 Feb 2023

[ ] 1. ) Intan Farah Nur Ain Binti Muhamad Zawawi 2. ) Ahmad Najmi Naim Bin Ahmad Jeffrey Nizar

Citation

BA-45B-34-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-34-09/2019 (Mahkamah Tinggi)

The prosecution failed to prove a prima facie case because the identification evidence was unreliable and inconsistent, key allegations relied on hearsay or unproduced exhibits, kawad cam and line-up procedures were defectively documented, and witness accounts were equivocal on identity and actions; on that basis the court discharged and acquitted all accused as there was no case to answer.

Malaysia Case Law

Shahril Bin Tamsir [ ]

[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

[ ] 1. ) Intan Farah Nur Ain Binti Muhamad Zawawi 2. ) Ahmad Najmi Naim Bin Ahmad Jeffrey Nizar