Malaysia Case Law: Decisions & Judgments

Topic

Section 300 penal code

Legal area

Court

1 Oct 2021

Dhivyaprabu A/l Panir Selvam [Jabatan Peguam Negara]

Citation

W-05(M)-253-05/2019 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-253-05/2019 (Mahkamah Rayuan)

The conviction was unsafe because the trial judge in practice relied on CCTV footage that had been ruled inadmissible, failed to resolve material contradictions between key eyewitnesses and to link any weapon to the Appellant, and the prosecution omitted to call a material witness and to remedy investigative lapses; multiple reasonable inferences favoured the accused so the conviction could not be sustained and was set aside.
27 Aug 2020

PENDAKWARAYA Tn. Faizal@Amrin Bin Noor Hadi Public Prosecutor [Attorney General’s Chambers] 1. ) For the 1st Respondent En. Bernard George a/l George Mathews [Messrs. Tay, Bernard & Cheong] For the 2nd Respondent En. Norman J Fernandez [Mes

Citation

45B-05-03/2017 (Mahkamah Tinggi)
Court

High Court
Case number

45B-05-03/2017 (Mahkamah Tinggi)

Prosecution failed to prove beyond reasonable doubt that the accused individually or jointly inflicted the specific chest impact causing the fatal blunt force trauma; medical evidence showed a cardiac contusion but available eyewitness and circumstantial evidence did not establish timing, mechanism or sufficient force to the chest attributable to the accused and viable alternative explanations (prior injuries, accidents, cumulative infections, and successive CPR) created reasonable doubt as to actus reus and mens rea for murder; therefore acquittal was required.
16 Jun 2020

MOHAMMAD YUSYAIRI BIN SAIDIN

Citation

K-06A(M)-22-09/2017 (Mahkamah Rayuan)
Court

M
Case number

K-06A(M)-22-09/2017 (Mahkamah Rayuan)

Appellate court agreed with trial judge that prosecution established murder beyond reasonable doubt by circumstantial and forensic evidence (DNA matches in car, knife and exhibits, presence of victim's items, and autopsy showing fatal neck wounds) and that appellant failed to prove private defence on the balance of probabilities because the force used (multiple stab wounds to vital areas totalling about 17 wounds) exceeded what was reasonably necessary to repel the alleged choking; therefore conviction and death sentence were correctly affirmed.

Malaysia Case Law

Dhivyaprabu A/l Panir Selvam [Jabatan Peguam Negara]

PENDAKWARAYA Tn. Faizal@Amrin Bin Noor Hadi Public Prosecutor [Attorney General’s Chambers] 1. ) For the 1st Respondent En. Bernard George a/l George Mathews [Messrs. Tay, Bernard & Cheong] For the 2nd Respondent En. Norman J Fernandez [Mes

MOHAMMAD YUSYAIRI BIN SAIDIN