Malaysia Case Law: Decisions & Judgments

25 Sept 2020

1. ) 1. MOHD NOIN BIN SARPIN 2. UMARAZHAR BIN MOHD NOIN 2. ) 1. ) 2. ) 1. MOHD NOIN BIN SARPIN 2. UMARAZHAR BIN MOHD NOIN

Citation: J-05(SH)-457-09/2018 & J-05(SH)-594-12/2018 (Mahkamah Rayuan)
Court: SH
Case number: J-05(SH)-457-09/2018 & J-05(SH)-594-12/2018 (Mahkamah Rayuan)

Medical and forensic evidence established that the injuries intentionally caused were, in the ordinary course of nature, sufficient to cause death under section 300(c); the trial judge therefore erred in substituting conviction under section 304(a); the accomplice evidence of SP4 was credible and supported by independent witnesses including medical evidence and SP19's account of a video, and procedural defects (section 154 irregularity, non-production of video or vehicle owner) did not prejudice the defense; conviction for murder under section 302 read with section 34 is warranted and death s…

AB - 45B - 3 - 08/2018 (Mahkamah Tinggi)

Citation

AB - 45B - 3 - 08/2018 (Mahkamah Tinggi)

Court

High Court

Case number

AB - 45B - 3 - 08/2018 (Mahkamah Tinggi)

The prosecution proved all elements of murder under s300(c): credible eyewitnesses placed the accused at the scene committing the stabbing, the accused pointed out and led police to the knife (P23) which matched the fatal wound per the pathologist, causation was established and accused's denial failed to raise reasonable doubt; therefore conviction under s302 Penal Code and mandatory death sentence follow.