Malaysia Case Law: Decisions & Judgments

Topic

Section 304(a) penal code

Legal area

Court

29 Jan 2026

Zaw Thin(myanmar)

Citation

B-05(SH)-84-02/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-84-02/2024 (Mahkamah Rayuan)

The Court held that the cumulative circumstantial evidence (eyewitness testimony of accused leaving with a bloodstained knife, DNA on the knife, forensic post‑mortem establishing potentially fatal stab wounds to neck and abdomen, and concealment of the weapon) established that the respondent caused the fatal injuries and that those injuries were, in the ordinary course of nature, sufficient to cause death under s.300(c). The High Court erred in reducing the charge on grounds of provocation and intoxication absent sufficient new evidence; accordingly the appellant's appeal is allowed, convicti…
9 Oct 2025

KHALID REDZA BIN SHUIB

Citation

NA-45B-7-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-45B-7-10/2023 (Mahkamah Tinggi)

Because the accused's guilty pleas followed accepted written representations, the mitigating value of those pleas was reduced; given serious aggravating factors—abuse of vulnerable victims, concealment of bodies—and public interest in deterrence, the court imposed sentences within established range for section 304(a) (15–20 years) and ordered consecutive terms because the one transaction test was not satisfied between the two offences.
9 Sept 2025

LOGAN A/L NAMASIVAYAM [ ]

Citation

W-05(M)-116-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-116-03/2022 (Mahkamah Rayuan)

The Court accepted the prosecution's representation to reduce the charge, found that mitigation and public interest justified substituting the death sentences with convictions under section 299 punishable under section 304(a) read with section 34, and imposed concurrent sentences of twelve years' imprisonment from the date of arrest (17 August 2017).
9 Sept 2025

1. ) XXXX 2. ) DINESWARAN A/L SIVALINGAM [ ]

Citation

W-05(M)-98-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-98-03/2022 (Mahkamah Rayuan)

The Court allowed the appeal in part: it accepted the prosecution's representation to reduce the charge to culpable homicide not amounting to murder (conviction entered under section 299 punishable under section 304(a) read with section 34), set aside the death sentences and substituted each with a custodial sentence of twelve years' imprisonment backdated to date of arrest (17 August 2017) after considering the facts, public interest, mitigation and current sentencing trends.
9 Sept 2025

KHANTAN A/L NAMASIVAYAM [ ]

Citation

W-05(M)-117-03/2022 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-117-03/2022 (Mahkamah Rayuan)

With the prosecution's consent to reduce the charge and the appellants' pleas to culpable homicide not amounting to murder (s.304(a) read with s.34), the Court, applying sentencing principles of public interest, mitigation and current sentencing trends, set aside the death sentences and imposed concurrent custodial terms of 12 years' imprisonment from date of arrest (17 August 2017).
11 Apr 2025

AL AMIN [Timbalan (TPR), Jabatan Peguam Negara]

Citation

W-05(H)-566-12/2024 (Mahkamah Rayuan)
Court

H
Case number

W-05(H)-566-12/2024 (Mahkamah Rayuan)

The Court held that the High Court properly considered relevant factors, including public interest and sentencing trends, and that the 15-year imprisonment was not manifestly excessive (indeed lighter than typical 18–20 year range); therefore no appellate intervention was warranted and the sentence was upheld.
5 Nov 2024

[Timbalan (TPR), Jabatan Peguam Negara] TAN CHUAN MING

Citation

WA-45B-7-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-7-11/2022 (Mahkamah Tinggi)

The prosecution failed to establish a prima facie case for murder under s.302 but established a prima facie case for culpable homicide not amounting to murder under s.304(a). The defendant pleaded guilty to the amended charge; having weighed guilty plea, first offender status, remorse, lengthy pre-trial detention and public interest and proportionality, the court sentenced the defendant to 12 years' imprisonment effective from arrest on 15.3.2020.
8 Mar 2024

Ragunathan A/l Selvamani

Citation

BA-44-96-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-44-96-02/2024 (Mahkamah Tinggi)

The Court found the prosecution had adduced a prima facie case under section 304(a) Penal Code, the offence is non-bailable under the First Schedule, and there was a real risk of interference with prosecution witnesses; prolonged detention alone did not amount to exceptional grounds. Therefore the applicant failed to discharge the burden under section 388(2) CPC and bail was refused.
8 Mar 2024

Sugumaran A/l Veejakumaran

Citation

BA-44-97-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-44-97-02/2024 (Mahkamah Tinggi)

BA-44-97-02/2024 (Mahkamah Tinggi)
19 Oct 2023

Ripon [Bangladesh]

Citation

BA-45B-3-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-3-02/2021 (Mahkamah Tinggi)

Given the appellant's guilty plea, mitigation, the seriousness of causing a death and appellate guidance placing s.304(a) guilty-plea sentences in the 15–20 year band, a term of 15 years' imprisonment from date of arrest is appropriate and was upheld.