Yew Wei Liang v Pendakwa Raya [Pendakwa Raya]
Catchwords
Practice Areas
Judges (3)
Counsel (5)
Parties (2)
Case Significance
Yew Wei Liang v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated March 9, 2025 (citation: b-05sh-622-12-2023). <p>The accused was charged with murder for causing the death of another driver in a road rage incident on the PLUS highway near Kajang. The High Court acquitted him of murder under s.302 but convicted him of culpable homicide under s.304(a) of the Penal Code with a 16-year sentence. The Court of Appeal dismissed both the accused's appeal and the prosecution's cross-appeal, upholding the s.304(a) conviction and sentence, finding the sudden fight defence (Exception 4) inapplicable but Exception 1 The panel comprised Azmi bin Ariffin, Che Mohd Ruzima bin Ghazali and Mohamed Zaini bin Mazlan, with Che Mohd Ruzima bin Ghazali delivering the judgment. Counsel appearing: Datuk N. Sivananthan (counsel for appellant), Nabila Habib (counsel for appellant), Ng Siew Wee (prosecution counsel), Sharifah Annafiza Al-Shahab bt. Syed Fadzli (counsel for appellant).
Summary
The accused was charged with murder for causing the death of another driver in a road rage incident on the PLUS highway near Kajang. The High Court acquitted him of murder under s.302 but convicted him of culpable homicide under s.304(a) of the Penal Code with a 16-year sentence. The Court of Appeal dismissed both the accused's appeal and the prosecution's cross-appeal, upholding the s.304(a) conviction and sentence, finding the sudden fight defence (Exception 4) inapplicable but Exception 1 (grave and sudden provocation) available.
What was the outcome of Yew Wei Liang v Pendakwa Raya [Pendakwa Raya]?
<p>The accused was charged with murder for causing the death of another driver in a road rage incident on the PLUS highway near Kajang. The High Court...