Malaysia Case Law: Decisions & Judgments

Topic

Culpable homicide not amounting to murder

Legal area

Court

4 Sept 2026

Shamsul Baharin bin Ishak

Citation

BA-45B-10-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-10-04/2024 (Mahkamah Tinggi)

Court accepted the accused's guilty plea to section 304(a) Kanun Keseksaan, found the facts established admission and forensic evidence supported causation, applied sentencing principles balancing public interest and mitigation (first offender, remorse, family responsibilities, early plea) and imposed 13 years' imprisonment backdated to arrest on 23.08.2023 as a sentence commensurate with the offence and within statutory maximum.
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…
9 Oct 2025

1. ) KHALID REDZA BIN SHUIB 2. ) NURSHAFWANI BINTI KHALID REDZA

Citation

NA-45B-4-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-45B-4-06/2023 (Mahkamah Tinggi)

The court accepted the accused's guilty pleas to reduced offences under section 304(a) but afforded limited mitigation because the pleas followed written representations resulting in charge reductions; given the aggravating factors (abuse of vulnerable victims, concealment of bodies), the need to protect public interest and absence of transactional nexus between the two offences, the appropriate sentences are 15 years for Case No.7 and 17 years for Case No.4, to run consecutively.
9 Oct 2025

KHALID REDZA BIN SHUIB

Citation

NA-45B-7-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-45B-7-10/2023 (Mahkamah Tinggi)

Because the accused's guilty pleas followed accepted written representations, the mitigating value of those pleas was reduced; given serious aggravating factors—abuse of vulnerable victims, concealment of bodies—and public interest in deterrence, the court imposed sentences within established range for section 304(a) (15–20 years) and ordered consecutive terms because the one transaction test was not satisfied between the two offences.
9 Sept 2025

LOGAN A/L NAMASIVAYAM [ ]

Citation

W-05(M)-116-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-116-03/2022 (Mahkamah Rayuan)

The Court accepted the prosecution's representation to reduce the charge, found that mitigation and public interest justified substituting the death sentences with convictions under section 299 punishable under section 304(a) read with section 34, and imposed concurrent sentences of twelve years' imprisonment from the date of arrest (17 August 2017).
9 Sept 2025

NAGARAJAN A/L ALAGASAN [ ]

Citation

W-05(M)-96-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-96-03/2022 (Mahkamah Rayuan)

The Court set aside the death sentences and substituted convictions for culpable homicide under section 299 punishable under section 304(a) read with section 34 of the Penal Code; having weighed the facts, mitigation and sentencing trends the Court imposed a global sentence of 12 years imprisonment on each appellant, effective from date of arrest (17 August 2017).
9 Sept 2025

1. ) XXXX 2. ) DINESWARAN A/L SIVALINGAM [ ]

Citation

W-05(M)-98-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-98-03/2022 (Mahkamah Rayuan)

The Court allowed the appeal in part: it accepted the prosecution's representation to reduce the charge to culpable homicide not amounting to murder (conviction entered under section 299 punishable under section 304(a) read with section 34), set aside the death sentences and substituted each with a custodial sentence of twelve years' imprisonment backdated to date of arrest (17 August 2017) after considering the facts, public interest, mitigation and current sentencing trends.
9 Sept 2025

KHANTAN A/L NAMASIVAYAM [ ]

Citation

W-05(M)-117-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-117-03/2022 (Mahkamah Rayuan)

With the prosecution's consent to reduce the charge and the appellants' pleas to culpable homicide not amounting to murder (s.304(a) read with s.34), the Court, applying sentencing principles of public interest, mitigation and current sentencing trends, set aside the death sentences and imposed concurrent custodial terms of 12 years' imprisonment from date of arrest (17 August 2017).
4 Aug 2025

Dumpangol Bin Borongkas [ ]

Citation

S-05(H)-102-03/2024 (Mahkamah Rayuan)
Court

H
Case number

S-05(H)-102-03/2024 (Mahkamah Rayuan)

The Court of Appeal held the High Court correctly exercised its sentencing discretion after proper consideration of aggravating and mitigating factors; the 18-year sentence for each appellant is not manifestly excessive or disproportionate and should be affirmed.
4 Aug 2025

Juanis Langgang [ ]

Citation

S-05(H)-103-03/2024 (Mahkamah Rayuan)
Court

H
Case number

S-05(H)-103-03/2024 (Mahkamah Rayuan)

The Court held that the High Court correctly exercised its sentencing discretion after proper consideration of aggravating and mitigating factors and that the 18‑year sentences were not manifestly excessive or disproportionate; therefore the Court declined to interfere and affirmed the sentences.