13 Aug 2020
1. ) [05-76-04/2017 (J)] LETITIA BOSMAN 2. ) [05-179-08/2017 (B)] JORGE CRESPO GOMEZ 3. ) [05-214-09/2017 (K)] BENJAMIN WILLIAM HAWKES 4. ) [05(M)-118-05/2018 (B)] PUBALAN S/O PEREMAL
- Citation
- 05-76-04/2017 (J); 05-179-08/2017 (B); 05-214-09/2017 (K); 05(M)-118-05/2018 (B) (Mahkamah Persekutuan)
- Court
- J
- Case number
- 05-76-04/2017 (J); 05-179-08/2017 (B); 05-214-09/2017 (K); 05(M)-118-05/2018 (B) (Mahkamah Persekutuan)
Because the forensic pathologist was not asked to and did not express an opinion on the nature of the injuries and their likely and natural effects, the evidence was insufficient to sustain a conviction for murder under s 300; the conviction was therefore unsafe and was set aside and substituted with culpable homicide under limb (a) of s 304 Penal Code, with sentence imposed accordingly.