Pendakwa Raya [Pendakwa Raya] v MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN
Catchwords
The offence of murder under section 302 of the Penal code. The deceased was child at the age of 2 years and 2 months There were 29 external injuries on the deceased body and the cause of death was severe head injury due to blunt force trauma The accused was the last person seen with the deceased while the deceased was still alive Whether the evidence presented by the prosecution had established that the accused had the intention to inflict the injuries on the deceased. Whether the injuries intentionally inflicted by the accused are sufficient in the ordinary course of nature to cause death which attracts the application of section 300(c) of the Penal Code Whether the prosecution needs to establish pre-meditation and pre-existing malice by the accused before a murder offence can be established
Practice Areas
The offence of murder under section 302 of the Penal code. The deceased was child at the age of 2 years and 2 months There were 29 external injuries on the deceased body and the cause of death was severe head injury due to blunt force trauma The accused was the last person seen with the deceased while the deceased was still alive Whether the evidence presented by the prosecution had established that the accused had the intention to inflict the injuries on the deceased. Whether the injuries intentionally inflicted by the accused are sufficient in the ordinary course of nature to cause death which attracts the application of section 300(c) of the Penal Code Whether the prosecution needs to establish pre-meditation and pre-existing malice by the accused before a murder offence can be established
Judges (3)
Case Significance
Pendakwa Raya [Pendakwa Raya] v MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN is a Federal Court (Mahkamah Persekutuan) decision dated August 26, 2024 (citation: 05l-15-01-2023w). The panel comprised Hanipah binti Farikullah, Harmindar Singh Dhaliwal and Nordin bin Hassan, with Harmindar Singh Dhaliwal delivering the judgment.
Key issues: The offence of murder under section 302 of the Penal code..
What was the outcome of Pendakwa Raya [Pendakwa Raya] v MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN?
Pendakwa Raya [Pendakwa Raya] v MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN is a Federal Court decision dated August 26, 2024. The case was heard by Hanipah binti Farikullah. See the full judgment for details.