MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN v Pendakwa Raya

05l-75-05-2024w Federal Court (Mahkamah Persekutuan) 26 August 2024 • 05(L)-75-05/2024(W)

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

Criminal Law Criminal Procedure

Judges (3)

Hanipah binti Farikullah Coram Harmindar Singh Dhaliwal Coram Nordin bin Hassan Delivered

Parties (2)

Pendakwa Raya Respondent Muhammad Khairuanuar bin Baharuddin Appellant

Judgment

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Source: eJudgment (05l-75-05-2024w)