1. FONG KONG MENG 2. TEOH CHING YEN PUBLIC PROSECUTOR

05rj-4-11-2018b Federal Court (Mahkamah Persekutuan) 19 June 2019 • 05(RJ)-4-11/2018(B)

Catchwords

Criminal Procedure - Criminal - Conviction on a lesser charge - the High Court convicted and sentenced the accused with death penalty - the Court of Appeal affirmed the sentenced and conviction - the Federal Court found the murder charge not proven and convicted the accused on culpable homicide not amounting to murder - the accused was sentenced to 20 years imprisonment pursuant to section 304(a) of the Penal Code - Accused applied to set aside the sentenced - Rules 137 of the Rules of the Federal Court - Whether the Federal Court has erred in sentencing the accused under section 304(a) instead of section 304(b) of the Penal Code - Whether the Federal Court had the power to re-evaluate the facts before deciding whether a conviction is safe - section 86 of the Courts of Judicature Act

Practice Areas

Criminal Procedure Criminal Law

Judges (5)

Abang Iskandar bin Abang Hashim Coram Alizatul Khair binti Osman Khairuddin Delivered Mohd Zawawi bin Salleh Coram Nallini Pathmanathan Coram Panglima David Wong Dak Wah Coram

Parties (3)

Public Prosecutor Respondent Fong Kong Meng Defendant Teoh Ching Yen Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (05rj-4-11-2018b)