Malaysia Case Law: Decisions & Judgments

Topic

Murder vs culpable homicide

Legal area

Court

10 Mar 2025

Yew Wei Liang [ ]

Citation

B-05(SH)-622-12/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-622-12/2023 (Mahkamah Rayuan)

Appellate court held appellant could not rely on Exception 4 (sudden fight) because the violence and pursuit were protracted and there was a cooling-off period and use of a vehicle was an unfair/ cruel advantage; however the provocation at the final stage (deceased striking the vehicle with a baseball bat) satisfied Exception 1 (grave and sudden provocation) so the proper conviction is culpable homicide not amounting to murder under s304(a) Kanun Keseksaan; accordingly the conviction and 16-year sentence imposed by the High Court were affirmed.
27 Aug 2024

MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN [ ]

Citation

05(L)-75-05/2024(W) (Mahkamah Persekutuan)
Court

L
Case number

05(L)-75-05/2024(W) (Mahkamah Persekutuan)

The Federal Court allowed the Public Prosecutor's appeal, set aside the Court of Appeal's substitution, and restored the High Court murder conviction under s.302 because the prosecution proved beyond reasonable doubt that the respondent intentionally inflicted injuries falling within s.300(c) (medical evidence of severe blunt head trauma sufficient to cause death, last-seen-together, opportunity and post-event conduct indicating consciousness of guilt), the alibi failed to raise reasonable doubt, and lack of premeditation or malice did not negate the elements of s.300(c). The death sentence w…
14 Jul 2021

MICKELSON GERALD WAYNE PUBLIC PROSECUTOR

Citation

05(M)-312-12-2019 (W) (Mahkamah Persekutuan)
Court

M
Case number

05(M)-312-12-2019 (W) (Mahkamah Persekutuan)

The Federal Court allowed the appeal, holding the prosecution failed to prove the requisite subjective intention under section 300(c) Penal Code (intention to inflict the specific injury sufficient in the ordinary course to cause death); the conviction for murder under s.302 was unsafe and was substituted with conviction under s.304(b) Penal Code; sentence imposed was seven years’ imprisonment from date of arrest.
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.

Malaysia Case Law

Yew Wei Liang [ ]

MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN [ ]

MICKELSON GERALD WAYNE PUBLIC PROSECUTOR

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