Malaysia Case Law: Decisions & Judgments

Topic

Murder (s302 penal code)

Legal area

Court

26 Jun 2025

Mohammad Abdullah Bin Mohamed [ ]

Citation

N-05(M)-328-08/2023 (Mahkamah Rayuan)
Court

M
Case number

N-05(M)-328-08/2023 (Mahkamah Rayuan)

The Court upheld the conviction because SP18, aged 15 at testimony, possessed sufficient intelligence and understanding of oath so the absence of a formal preliminary inquiry was not fatal; SP18's eyewitness account was corroborated by forensic post‑mortem evidence showing severe blunt abdominal injuries consistent with repeated strong force and causative of death; appellant's alibi and denials were bare, afterthought assertions and failed to create reasonable doubt; accordingly conviction under s302 and the imposed sentence were safe and affirmed.
10 Mar 2025

[ ] Yew Wei Liang

Citation

B-05(SH)-630-12/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-630-12/2023 (Mahkamah Rayuan)

Court affirmed conviction under s304(a) Penal Code and 16-year imprisonment; held High Court erred to rely on Exception 2 (private defence) but court nonetheless found appellant entitled to rely on Exception 1 (grave and sudden provocation) which reduced the charge from murder to culpable homicide not amounting to murder; Exception 4 (sudden fight) did not apply because the confrontation was prolonged, there was cooling-off time and the accused took undue advantage/cruel means by using a motor vehicle.
7 Feb 2024

[ ] Amin bin Abdullah

Citation

Q-05(LB)-352-08/2019 (Mahkamah Rayuan)
Court

LB
Case number

Q-05(LB)-352-08/2019 (Mahkamah Rayuan)

The Court of Appeal held the trial judge erred in finding that reasonable doubt was raised; notwithstanding flaws in the second identification parade, eyewitness recognition corroborated by medical and investigative evidence established the respondent's identity and guilt beyond reasonable doubt, therefore the acquittal was quashed and the respondent convicted of murder (s302) and two counts of grievous hurt (s326).
18 Dec 2023

[ ] Jegathisan A/l Suthambaram

Citation

BA-45B-36-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-36-10/2020 (Mahkamah Tinggi)

Although the prosecution established death and medical causation, after full evaluation of prosecution and defence evidence at the close of the trial the court found the defence evidence (alibi, limited presence) together with material inconsistencies in the eyewitness timeline, failure by prosecution to produce recorded police statements and failure to cross-examine on material issues cumulatively raised reasonable doubt. Therefore prosecution failed to prove guilt beyond reasonable doubt and accuseds were acquitted under s182A(3) CPC.
12 May 2023

[ ] 1. ) DEVARAJAN PILLAI A/L MANIKAM 2. ) SARINDRAN A/L GANESAN 3. ) Magindran A/l Sukumaran

Citation

CB-45B-7-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-7-11/2018 (Mahkamah Tinggi)

Court accepted s27 discovery information from OKT1 as leading to distinct discoveries (body, clothing, weapons, motorcycle) and found identity of deceased proven by circumstantial evidence despite inconclusive DNA; forensic opinion supported that death occurred before body entered water and injuries could be caused by recovered blunt instruments; cumulative circumstantial evidence satisfied standard of proof beyond reasonable doubt that OKT1 caused death and acted with requisite mens rea for murder (s302 Penal Code), while evidence did not prove beyond reasonable doubt that OKT2, OKT3 and OKT…
14 Feb 2022

Tony Anak Rambor [ ]

Citation

Q-05(M)-4-01/2019 (Mahkamah Rayuan)
Court

M
Case number

Q-05(M)-4-01/2019 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: eyewitness evidence of PW4 and PW12 was credible and corroborated by forensic pathology and DNA on wood chips; defences of provocation, intoxication and sudden fight were not proved on the balance of probabilities; absence of recovery of a specific murder weapon did not vitiate the prosecution's case; conviction for murder and death sentence are safe and are affirmed.
20 Oct 2021

1. ) SYAZWAN BIN SAAD 2. ) ISKANDAR ZULKARNAIN BIN ABDUL MANAF

Citation

B-06A(M)-23-09/2018 (Mahkamah Rayuan)
Court

M
Case number

B-06A(M)-23-09/2018 (Mahkamah Rayuan)

The Court held the circumstantial evidence, taken cumulatively (phone records linking 2nd appellant, credible eyewitness last-seen identifications, discoveries of victim's belongings and ropes pursuant to information from 2nd appellant admissible under s27, similarity of ropes, forensic findings, and probative conduct such as escape and repainting of car), established guilt beyond reasonable doubt and common intention; thus the appeals of the 2nd and 3rd appellants were dismissed and their convictions and death sentences affirmed. The 1st appellant's appeal was allowed and his conviction set…
31 Mar 2021

PENDAKWARAYA Pn. Zahida Binti Zakaria & Pn. Baizura Binti Kamal Public Prosecutors [Attorney General’s Chambers] En. Fahri Azzat & En. Ameerul Aizat [Messrs. Fahri, Azzat & Co]

Citation

WA-45B-24-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-24-01/2018 (Mahkamah Tinggi)

On the totality of admissible and credible circumstantial evidence the court found the accused was the last person with the deceased, his conduct (including attempts to avoid post-mortem) and the nature of injuries (blunt force trauma to head) established beyond reasonable doubt that he inflicted bodily injury of a kind sufficient in the ordinary course of nature to cause death (s300(c)); the accused's alibi was inconsistent and rejected; conviction under s302 followed and sentence of death imposed.
7 Aug 2020

PENDAKWARAYA Tn. Mohd. Radzi bin Abdul Razak together with Pn. Joy Jothi Nadrarasan and Pn. Annur Atiqah Public Prosecutor [Attorney General’s Chambers] Putrajaya Y.Bhg Datuk R.S. Sodhi together with En. Sukhdev Singh [Messrs. Sukhdev & Co.

Citation

WA-45B-27-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-27-03/2018 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case for murder under s300/302 Penal Code: key evidential links were inadmissible or unreliable (CCTV/CD not proved under s90A; WhatsApp messages unauthenticated; DNA cigarette butt not temporally or causally conclusive), material witnesses not called and alternative hypotheses (suicide, accident, other persons) were not excluded; on maximum evaluation the court was not prepared to convict and accordingly acquitted the accused without calling him to enter his defence under s180 CPC.