5 Jan 2026
MOHAMMAD ALAM BIN MOHAMMAD ZAKARIA [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- J-05(SH)-250-05/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- J-05(SH)-250-05/2024 (Mahkamah Rayuan)
Court found that the trial court erred in failing to consider material corroborative evidence (investigator's account of recorded statements) and the appellant's cautioned statement together with other prosecution evidence; on balance of probabilities the appellant raised private defence such that the murder conviction under s302 could not be sustained but supported conviction for culpable homicide not amounting to murder under s304(a); accordingly the s302 conviction and sentence were quashed and substituted with a s304(a) conviction and a 16-year imprisonment from date of arrest 30.8.2022.