PENDAKWA RAYA Pendakwa Raya TERTUDUH Koyo (Indonesia)

ba-45b-15-05-2022 High Court (Mahkamah Tinggi) 17 December 2025 • BA-45B-15-05/2022 • 38 min read
23 cases cited (0 SG, 23 foreign)

Catchwords

Criminal Law-Murder-Defence of grave and sudden provocation-Accused charged with murder under section 302 of the Penal Code-whether the injuries sustained by the deceased were a direct consequence of the deceased's provocation- whether the accused had successfully discharged the burden to establish the Exception 1 to section 300 of the Penal Code

Practice Areas

Criminal Law-Murder-Defence of grave and sudden provocation-Accused charged with murder under section 302 of the Penal Code-whether the injuries sustained by the deceased were a direct consequence of the deceased's provocation- whether the accused had successfully discharged the burden to establish the Exception 1 to section 300 of the Penal Code

Judges (1)

Hazlina binti Hussain Delivered

Parties (2)

Pendakwa Raya Prosecutor Koyo Accused

Case Significance

PENDAKWA RAYA Pendakwa Raya TERTUDUH Koyo (Indonesia) is a High Court (Mahkamah Tinggi) decision dated December 17, 2025 (citation: ba-45b-15-05-2022). <p>An Indonesian national was charged with murder under s.302 Penal Code for killing a fellow worker with a sickle after an altercation. The court found the accused successfully established grave and sudden provocation under Exception 1 to s.300 and convicted him of culpable homicide under s.304(b) instead. He was sentenced to 9 years imprisonment from date of arrest.</p> The case was decided by Hazlina binti Hussain.

Summary

An Indonesian national was charged with murder under s.302 Penal Code for killing a fellow worker with a sickle after an altercation. The court found the accused successfully established grave and sudden provocation under Exception 1 to s.300 and convicted him of culpable homicide under s.304(b) instead. He was sentenced to 9 years imprisonment from date of arrest.

What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH Koyo (Indonesia)?

<p>An Indonesian national was charged with murder under s.302 Penal Code for killing a fellow worker with a sickle after an altercation. The court fou...

Statutes Cited

Criminal Procedure Code (Cap 593)
s 180
Evidence Act
s 105 s 90A
Evidence Act 1950 (Cap 56)
s 8
Penal Code (Cap 574)
s 300 s 300(c) s 302 s 304(a) s 304(b)

Cases Cited (23)

UK (1)
[1949] 1 All ER 932
MY (22)
[1975] 2 MLJ 8 [1985] 1 CLJ 150 [1985] 1 MLJ 211 [1988] 1 CLJ 143 [1988] 1 MLJ 251 [1999] 4 MLJ 497 [2005] 1 CLJ 85 [2006] 1 CLJ 457 [2006] 6 CLJ 379 [2007] 3 CLJ 281 [2007] 4 MLJ 309 [2009] 3 CLJ 236 [2010] 1 MLJ 441 [2011] 1 MLJ 297 [2011] 8 CLJ 893 [2014] 1 CLJ 58 [2014] 4 MLJ 317 [2014] 4 MLJ 569 [2015] 1 CLJ 918 [2017] 1 MLJ 549 [2023] 4 MLJ 929 [2024] 2 MLJ 1