Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Murder (s.302 kk)

Legal area

Court

25 Feb 2026

TAUFIK HIDAYAH BIN ABDULLAH

Citation

N-05(SH)-319-08/2023 (Mahkamah Rayuan)
Court

SH
Case number

N-05(SH)-319-08/2023 (Mahkamah Rayuan)

The Court of Appeal concluded there were no substantial or compelling reasons to disturb the trial judge's findings: SP3 was credible and supported by scene and forensic evidence; SP6 was inconsistent and not credible; common intention under s.34 was established by joint presence, weapons and conduct; non-production of Pathma and admission of SP18 did not render trial unfair. Therefore convictions under s.302 and s.326 Kanun Keseksaan and the sentences imposed are safe and upheld.
9 Oct 2024

[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

Citation

B-05-558-11/2023 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-05-558-11/2023 (Mahkamah Rayuan)

The Court of Appeal allowed the prosecution's appeal, holding the High Court erred in concluding no prima facie case under s.302 KK; the evidence established a prima facie case on the original murder charge, the High Court's amendment to s.304(a) effectively disposed the original charge permitting prosecution appeal, and the proper order is to set aside the amendment and call the accused to answer the original s.302 KK charge. The accused's appeal against being called to answer the original charge is premature and not entertained at this stage.