Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Murder (s300,s302)
  • 11 Sept 2023

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    Citation
    W-05(SH)-277-08/2020 (Mahkamah Rayuan)
    Court
    SH
    Case number
    W-05(SH)-277-08/2020 (Mahkamah Rayuan)

    On full review the Court of Appeal found the prosecution adduced a coherent and compelling circumstantial case against PKK1: positive identifications by SP68/SP69 corroborated by CCTV, forensic evidence of accelerant and gas cylinders, and conduct pointing (discovery of lighter) satisfied elements three and four of murder under s300(d); SP70/SD3 were correctly classified as accomplices/rancak sejenayah whose inconsistent testimony was rightly rejected or treated with caution; PKK1's alibi/denials did not raise a reasonable doubt. Conversely, prosecution failed to eliminate reasonable inferenc…