Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 300(c) penal code

  • 27 Feb 2026

    1. ) SUTHA A/P MURUGAN 2. ) DAVANDAKUMAR A/L SUBRAMANIAM

    Citation
    BL-45B-1-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BL-45B-1-02/2023 (Mahkamah Tinggi)

    Having evaluated prosecution evidence at maximum, the court found beyond reasonable doubt that the victim died from massive soft tissue injuries caused by blunt trauma inflicted by the accused, that the injuries were intentionally inflicted and sufficient in ordinary course to cause death, corroborated by eyewitness demonstration, forensic pathology and DNA linkage, and that the accused was last seen with the child; therefore accused was guilty of murder under Section 302 Penal Code and must be sentenced accordingly.

  • 29 Jan 2026

    Zaw Thin(myanmar)

    Citation
    B-05(SH)-84-02/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-84-02/2024 (Mahkamah Rayuan)

    The Court held that the cumulative circumstantial evidence (eyewitness testimony of accused leaving with a bloodstained knife, DNA on the knife, forensic post‑mortem establishing potentially fatal stab wounds to neck and abdomen, and concealment of the weapon) established that the respondent caused the fatal injuries and that those injuries were, in the ordinary course of nature, sufficient to cause death under s.300(c). The High Court erred in reducing the charge on grounds of provocation and intoxication absent sufficient new evidence; accordingly the appellant's appeal is allowed, convicti…

  • 22 Dec 2025

    SIDI AHMAD AMIN BIN MAMAT

    Citation
    KA-45B-2-05/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45B-2-05/2023 (Mahkamah Tinggi)

    Prosecution failed to prove a prima facie case because it did not establish, to the required standard, that the accused's conduct caused the fatal abdominal aortic tear or that the injury was, in the ordinary course, sufficient to cause death; multiple assaults by others and plausible alternative causes created reasonable doubt, so the accused was discharged without being called to answer.

  • 12 Aug 2025

    JOHANIZAM BIN JOHARI

    Citation
    KA-45B-1-05/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45B-1-05/2022 (Mahkamah Tinggi)

    On the totality of evidence (forensic pathology confirming fatal blunt force head trauma, absence of defensive injuries, witness evidence placing accused leaving scene with the weapon, accused's conduct in concealing weapon), the court inferred the accused intentionally caused injuries sufficient in the ordinary course to cause death under s.300(c); defences (private defence, sudden fight/provocation, intoxication) failed on balance; prosecution proved guilt beyond reasonable doubt and, given aggravating factors and discretionary sentencing regime under Act 846, the offence warranted the deat…

  • 4 May 2025

    [TIMBALAN ] AMIR BIN ARIFFIN

    Citation
    KA-45B-2-04/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45B-2-04/2019 (Mahkamah Tinggi)

    The prosecution proved each element of murder beyond reasonable doubt by combined circumstantial and forensic evidence: accused was last seen with the victims, carried and used swords, left a sword at scene, DNA and blood on his clothing and nails, and expert post mortem evidence showed neck injuries were objectively sufficient in the ordinary course of nature to cause death (s.300(c)); the defence failed to prove insanity on the balance of probabilities; accordingly the accused was convicted on both counts and, given the victims were defenseless young children and the brutal nature of the at…

  • 27 Jan 2025

    [TIMBALAN ] Muhammad Hairil Izzuan Bin A Samad

    Citation
    BA-45B-26-08/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-26-08/2021 (Mahkamah Tinggi)

    Applying maximum evaluation to prosecution evidence, the court found death caused by neck compression (fatal, homicidal), established that accused was last known with deceased and mixed DNA and accused's conduct (inconsistent statements, directing to concealed items) linked him to the scene; these combined facts proved all elements of murder under s302 beyond reasonable doubt, warranting conviction.

  • 27 Aug 2024

    MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN [ ]

    Citation
    05(L)-75-05/2024(W) (Mahkamah Persekutuan)
    Court
    L
    Case number
    05(L)-75-05/2024(W) (Mahkamah Persekutuan)

    The Federal Court allowed the Public Prosecutor's appeal, set aside the Court of Appeal's substitution, and restored the High Court murder conviction under s.302 because the prosecution proved beyond reasonable doubt that the respondent intentionally inflicted injuries falling within s.300(c) (medical evidence of severe blunt head trauma sufficient to cause death, last-seen-together, opportunity and post-event conduct indicating consciousness of guilt), the alibi failed to raise reasonable doubt, and lack of premeditation or malice did not negate the elements of s.300(c). The death sentence w…

  • 6 Mar 2023

    YOU POH KHOON [ ]

    Citation
    A-05(M)-244-05/2022 (Mahkamah Rayuan)
    Court
    M
    Case number
    A-05(M)-244-05/2022 (Mahkamah Rayuan)

    The Court found the prosecution proved murder beyond reasonable doubt by admissible circumstantial evidence and that the appellant failed to prove legal insanity on the balance of probabilities; the forensic psychiatric opinion that the appellant was sane combined with the appellant's post-offence conduct and admissions led to the conclusion that he knew the nature and wrongness of his acts, thus affirming conviction and death sentence.

  • 19 Dec 2022

    [ ] KHAIRUL AZIZI BIN ABDUL JALIL

    Citation
    AA-45B-6-04/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-45B-6-04/2018 (Mahkamah Tinggi)

    The court found the prosecution had proved identity, cause of death and that the accused intentionally inflicted the injuries: voluntary confessions, DNA on the parang and on the accused's jeans, last-seen together and other circumstantial facts collectively established guilt. Expert psychiatric evidence called by prosecution (SP18) established the accused was not psychotic or intoxicated and understood the nature and wrongfulness of his acts; the defence failed to prove legal insanity on the balance of probabilities. Accordingly the accused was convicted of murder under s300(c) Penal Code an…

  • 9 Nov 2022

    Rames A/l Bathumalai [ ]

    Citation
    J-05(M)-544-11/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    J-05(M)-544-11/2018 (Mahkamah Rayuan)

    Medical evidence of SP18 that identified 43 injuries including ligature strangulation and traumatic subarachnoid haemorrhage was sufficient to satisfy the objective test under section 300(c); the trial judge correctly found the key eyewitnesses credible and not accomplices and therefore there was no miscarriage of justice; conviction for murder under section 302 and mandatory death sentence are upheld.