1. ) CHEW WAI KEONG 2. ) YAN WAI SENG v PENDAKWA RAYA

05-38-02-2014a-05-37-02-2014a Federal Court (Mahkamah Persekutuan) 22 February 2018 • 05-38-02/2014(A) & 05-37-02/2014(A)

Catchwords

Criminal Law — Appeal — Kidnapping (first charge) — Common intention — Abduction, wrongful restraint or wrongful confinement for ransom — Evidence of PW18 and PW27 confirmed the fact that the deceased was restrained — Ransom demanded for release of victim — Evidence adduced by the prosecution through PW26, PW27, PW37 and PW18 respectively — Overwhelming circumstantial evidence to prove that appellants committed offence — Kidnapping Act 1961 [Act 365], section 3; Penal Code [Act 574], section 34 Criminal Law — Appeal — Murder (2nd charge) — Common intention — Cause of death was due to the facial injuries and aspiration of blood and the said injuries were sufficient in the ordinary course of nature to cause death — Evidence of PW18 — Overwhelming circumstantial evidence to prove that appellants committed offence — Penal Code [Act 574], sections 34, 300, 302 Evidence — Circumstantial evidence — Kidnapping and murder — No direct evidence —Identification evidence — DNA evidence — Whether evidence pointed irresistibly to guilt of appellants — Defence of alibi — Whether Dolphine was the perpetrator of the said two offences — Whether defence was an afterthought —Kidnapping Act 1961 [Act 365], section 3; Penal Code [Act 574],sections 34 & 302 Evidence — Information leading to fact discovered — Admissibility depends on voluntariness — Whether information given by accused distinctly related to what was discovered — Whether element of concealment fulfilled — Whether inadmissibility of information supplied by accused affects admissibility of evidence of his subsequent conduct — Evidence Act 1950 [Act 56], sections 8 & 27 Evidence — Presumptions — Adverse inference — Failure by prosecution to call witness —Whether prosecution case proven without any gaps — Whether adverse inference arose — Evidence Act 1950[Act 56], section 114(g)

Practice Areas

Criminal Law Evidence Criminal Procedure

Judgment

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Source: eJudgment (05-38-02-2014a-05-37-02-2014a)