Pendakwa Raya v MOHD NIZAM SHAH BIN SHAHRUDDIN

Case Significance

Illustrates how a reasonable doubt about the involvement of others and about the intention to kill can reduce a murder charge to culpable homicide not amounting to murder under section 304(b) of the Penal Code.

This High Court decision at Taiping concerns a homicide prosecution arising from the death of a fellow detainee in a remand cell at a prison, in which the accused, originally charged with murder, was ultimately convicted of the lesser offence of culpable homicide not amounting to murder. The charge was brought under seksyen 302 Kanun Keseksaan (section 302 of the Penal Code) alleging that the accused had murdered the deceased in a crowded remand cell. The prosecution's case was that, when the deceased, who was unwell and had defecated within the cell area at a time when many occupants were resting and some were at prayer, the accused became angry, struck the deceased about the head and slapped him, after which the deceased was taken to the toilet area at the back of the cell, and evidence was given that the deceased was struck and stamped on the chest. The medical cause of death was severe lung injury of a kind ordinarily sufficient to cause death. The central question was whether all the elements of murder had been established, and in particular whether the accused had caused the fatal injury with the intention required for murder. In his defence, supported by statements admitted under section 112 of the Criminal Procedure Code, the accused contended that many other detainees, including prosecution witnesses, had also assaulted the deceased, and he denied inflicting bodily harm with the intention of causing death. The court found that the accused had succeeded in raising a reasonable doubt that others were jointly involved in injuring the deceased, so that the prosecution had not proved the charge of murder beyond reasonable doubt. On the whole of the evidence, however, the court found the accused guilty of and convicted him under seksyen 304(b) Kanun Keseksaan (section 304(b) of the Penal Code), the charge being reduced accordingly, and sentenced him to seven years' imprisonment from 29 August 2019, taking into account his previous convictions. The prosecution filed a notice of appeal. The judgment is a useful illustration of how a reasonable doubt about the involvement of others and about the requisite intention can reduce a murder charge to culpable homicide not amounting to murder.