Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 96 penal code
  • 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.