Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sudden fight

  • 6 Feb 2024

    Odang [ ]

    Citation
    Q-05(SH)-477-11/2021 (Mahkamah Rayuan)
    Court
    SH
    Case number
    Q-05(SH)-477-11/2021 (Mahkamah Rayuan)

    The Court found the accused inflicted an initial stab and then pursued the fleeing victim for about 400 metres and inflicted at least one further fatal stab; that pursuit and further attack removed any continuing reasonable apprehension of danger and thus exceeded the right of private defence under s96/s99(4)/s102 and disqualified the limited exceptions under s300 (Exception 2 and 4). The High Court’s finding of sudden fight was unsustainable; the proper conviction is murder under s302. The prosecution’s appeal is allowed, the accused’s appeal dismissed, and conviction substituted to murder w…

  • 14 Feb 2022

    Tony Anak Rambor [ ]

    Citation
    Q-05(M)-4-01/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-4-01/2019 (Mahkamah Rayuan)

    The Court of Appeal affirmed the High Court: eyewitness evidence of PW4 and PW12 was credible and corroborated by forensic pathology and DNA on wood chips; defences of provocation, intoxication and sudden fight were not proved on the balance of probabilities; absence of recovery of a specific murder weapon did not vitiate the prosecution's case; conviction for murder and death sentence are safe and are affirmed.

  • 29 Aug 2021

    1. MOHD RIDZUAN GUN BIN ABDULLAH 2. DEMIE LIYANA GUN BTE MOHD RIDZUAN GUN PUBLIC PROSECUTOR

    Citation
    JB-41S-3-06/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-41S-3-06/2020 (Mahkamah Tinggi)

    Substitution of the deceased 1st appellant by the 2nd appellant was allowed under s.320 CPC given the fine-only sentence and interest in clearing name; on merits the High Court found the magistrate misdirected on law and facts, PW2 and PW3 were uncorroborated and in effect trespassers/assailants not accomplices implicating the appellants; appellants acted in private defence against criminal trespass and assaults, therefore convictions for affray were unsafe and were set aside with fines refunded.

  • 26 Nov 2019

    Jeffrey Bin Tahil

    Citation
    S-05(H)-459-10/2019 (Mahkamah Rayuan)
    Court
    H
    Case number
    S-05(H)-459-10/2019 (Mahkamah Rayuan)

    The Court upheld the learned Judicial Commissioner’s findings that although insults were continuous and grave, they were not sudden; the appellant had premeditated by bringing a knife and seeking the deceased, acted in a cruel manner (continued attack after victim fell), and failed to properly put sudden fight to prosecution witnesses; therefore defences of grave and sudden provocation and sudden fight fail and the conviction for murder under Section 300/302 is sustained.