Malaysia Case Law: Decisions & Judgments

Topic

Culpable homicide

Legal area

Court

18 Dec 2025

Koyo (Indonesia)

Citation

BA-45B-15-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-15-05/2022 (Mahkamah Tinggi)

Applying authorities and evidence as a whole, the court found on balance that the accused was deprived of self-control by grave and sudden provocation (cumulative verbal humiliation and immediate physical aggression by the deceased), that there was no proven premeditation, that CCTV and DNA evidence supported the sequence of events favouring accused's account of being attacked and losing control, and therefore the act fell within Exception 1 to s300 reducing murder to culpable homicide not amounting to murder under s304(b); accused convicted under s304(b) and sentenced to nine years' imprison…
12 Jun 2025

[Timbalan (TPR), Jabatan Peguam Negara] SUGUMARAN A/L VEEJAKUMARAN

Citation

BA-45B-11-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-11-05/2023 (Mahkamah Tinggi)

On the totality of credible prosecution evidence — eyewitness testimony, forensic post‑mortem establishing multiple blunt force trauma sufficient to cause death (s.300(c)), corroborating investigative findings and failure of defendants to raise reasonable doubt via alibi or credible exculpatory evidence — the court found mens rea and common intention proven under s.302 read with s.34 and convicted all three defendants; given current statutory context the court imposed imprisonment rather than death: 35 years and 12 strokes each.
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…
23 Jul 2024

MUHAMAD DANIAL FIRDAUS BIN AZMIR [Timbalan (TPR), Jabatan Peguam Negara]

Citation

W-05(SH)-422-11/2021 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-422-11/2021 (Mahkamah Rayuan)

Court held eyewitness evidence (SP24, SP25, SP26), corroborated by forensic pathology (SP6), established prima facie that appellants assaulted the victim with common intention; trial judge erred in reducing s.302 charges to s.304(a); s.300(c) elements satisfied for OKT1–OKT5 and abetment by OKT6 proven under s.107/109; therefore convictions for murder under s.302 reinstated for OKT1–OKT6 and convictions under s.330 for the other appellants upheld with adjusted sentences.
23 Jul 2024

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MUHAMMAD AKMAL ZUHAIRI BIN AZMAL 2. ) MUHAMMAD AZAMUDDIN BIN MAD SOFI 3. ) MUHAMMAD NAJIB BIN MOHD RAZI 4. ) MUHAMMAD AFIF NAJMUDIN BIN AZAHAT 5. ) MOHAMAD SHOBIRIN BIN SABRI

Citation

W-05-442-11/2021 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-05-442-11/2021 (Mahkamah Rayuan)

Court accepted prosecution eyewitness evidence and pathologist report that extensive burn injuries caused death; inferred common intention and participation from presence, conduct and repeated application of a steam iron; held that elements of s.300(c) and s.302 were met for OKT1–5 and that OKT6 abetted by instigation and aiding under s.107/109; convictions under s.330 against specified appellants were upheld and s.330 sentences increased to 4 years; prosecution appeal to reinstate s.302 for OKT1–6 was allowed and death sentence imposed on those six.
23 Jul 2024

[Timbalan (TPR), Jabatan Peguam Negara] ABDOUL HAKEEM BIN MOHD ALI

Citation

W-05-456-11/2021 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-05-456-11/2021 (Mahkamah Rayuan)

Court found prosecution evidence (chiefly SP24, SP25, SP6 and corroborating witnesses) credible and sufficient to establish prima facie case, common intention and that injuries inflicted were sufficient in ordinary course to cause death; trial judge erred in downgrading murder charge to culpable homicide and that error was corrected by reinstating s.302 charges for accused 1–6 and imposing capital punishment; accused 6 was liable for abetment; convictions under s.330 for other accused were upheld and sentences adjusted.
23 Jul 2024

MUHAMMAD NAJIB BIN MOHD RAZI [Timbalan (TPR), Jabatan Peguam Negara]

Citation

W-05(SH)-408-11/2021 (Mahkamah Rayuan)
Court

SH
Case number

W-05(SH)-408-11/2021 (Mahkamah Rayuan)

Appellate court held prosecution evidence (eyewitnesses SP24/SP25 and pathologist SP6) proved beyond reasonable doubt that appellants inflicted repeated steam-iron burns in common intention, injuries were sufficient in ordinary course to cause death (s.300(c)), OKT6 instigated/abetted the acts and thus was liable; therefore convictions under s.302 were reinstated for principal perpetrators and appropriate sentences (including death) imposed; convictions under s.330 were upheld and sentences increased for others.
14 May 2024

Maidin Bin Ibnuhashim [ ]

Citation

S-05(H)-465-10/2022 (Mahkamah Rayuan)
Court

H
Case number

S-05(H)-465-10/2022 (Mahkamah Rayuan)

The Court held the prosecution failed to prove the mens rea required for murder under s.302/s.300(c); however evidence established the second limb of s.299 (intention to cause bodily injury likely to cause death) beyond reasonable doubt, justifying conviction under s.304(a); the 18‑year sentence was appropriate and is affirmed.
6 Feb 2024

Odang [ ]

Citation

Q-05(SH)-477-11/2021 (Mahkamah Rayuan)
Court

SH
Case number

Q-05(SH)-477-11/2021 (Mahkamah Rayuan)

The Court found the accused inflicted an initial stab and then pursued the fleeing victim for about 400 metres and inflicted at least one further fatal stab; that pursuit and further attack removed any continuing reasonable apprehension of danger and thus exceeded the right of private defence under s96/s99(4)/s102 and disqualified the limited exceptions under s300 (Exception 2 and 4). The High Court’s finding of sudden fight was unsustainable; the proper conviction is murder under s302. The prosecution’s appeal is allowed, the accused’s appeal dismissed, and conviction substituted to murder w…
30 Nov 2023

SATVENDER SINGH A/L PIRTHPAL SINGH [ ] PEGUAM PEMERHATI ASHOKUMAR

Citation

B-05(M)-282-08/2021 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-282-08/2021 (Mahkamah Rayuan)

The conviction for the infant's murder was unsafe because the pathologist could not rule out accidental choking, creating reasonable doubt; additionally the trial judge's failure to indicate which limb of s.300 Penal Code was relied upon deprived the accused of fair notice, warranting appellate intervention. Consequently the Court set aside the s.302 murder convictions and sentences and substituted a conviction for culpable homicide not amounting to murder under s.304(a) with a 20‑year sentence.