Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Identification of weapon
  • 26 Nov 2019

    Jeffrey Bin Tahil

    Citation
    S-05(H)-459-10/2019 (Mahkamah Rayuan)
    Court
    H
    Case number
    S-05(H)-459-10/2019 (Mahkamah Rayuan)

    The Court upheld the learned Judicial Commissioner’s findings that although insults were continuous and grave, they were not sudden; the appellant had premeditated by bringing a knife and seeking the deceased, acted in a cruel manner (continued attack after victim fell), and failed to properly put sudden fight to prosecution witnesses; therefore defences of grave and sudden provocation and sudden fight fail and the conviction for murder under Section 300/302 is sustained.