21 Jan 2025
[ ] XXXX
- Citation
- CB-45B-1-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45B-1-05/2020 (Mahkamah Tinggi)
The court held that although the Court of Appeal established a prima facie case for murder, the trial court must evaluate defence evidence to determine whether reasonable doubt arises; on the evidence (spontaneous brawl, no weapons, mutual chaotic physical exchanges, absence of premeditation or undue advantage, defendants aged 13) Exception 4 to s300 applies, reducing the offence to culpable homicide punishable under s304(a). SUHAKAM submissions were helpful but non‑binding; psychiatric treatment received in custody was not material. Accordingly the court convicted both defendants of culpable…