Donny @ Mohd Nazmie Bin Musanna v Pendakwa Raya [Pendakwa Raya]

s-05m-583-12-2022 Court of Appeal (Mahkamah Rayuan) 17 June 2025 • S-05(M)-583-12/2022 • 25 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Appeal against conviction and sentence – Section 302 of the Penal Code – Whether the learned Judicial Commissioner was correct in fact and law in finding that it was the Appellant who inflicted the injuries to the deceased’s head and face and thereby caused the death of the deceased – Whether the absence of bloodstains or DNA evidence on the Appellant’s clothing and footwear created a reasonable doubt - Whether the Appellant’s voluntary intoxication rendered him incapable of forming the requisite intention or knowledge.

Practice Areas

Appeal against conviction and sentence

Judges (3)

Azhahari Kamal bin Ramli Coram Azman bin Abdullah Coram Noorin binti Badaruddin Delivered

Counsel (3)

Nohin & Partners Firm Ag Amli Noraufe Bin Ag Nohin Counsel Appellant Shamala A/P Jaganathan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Donny @ Mohd Nazmie bin Musanna Appellant

Case Significance

Donny @ Mohd Nazmie Bin Musanna v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated June 17, 2025 (citation: s-05m-583-12-2022). <p>The appellant was convicted of murder under s.302 of the Penal Code for punching and kicking the deceased to death during a drinking session in Kudat, Sabah. The Court of Appeal upheld the conviction, rejecting defences based on absence of DNA evidence and voluntary intoxication, but substituted the death sentence with 30 years' imprisonment and 12 strokes of whipping.</p> The panel comprised Azhahari Kamal bin Ramli, Azman bin Abdullah and Noorin binti Badaruddin, with Noorin binti Badaruddin delivering the judgment. Counsel appearing: Ag Amli Noraufe Bin Ag Nohin (counsel for appellant), Shamala A/P Jaganathan (prosecution counsel).

Summary

The appellant was convicted of murder under s.302 of the Penal Code for punching and kicking the deceased to death during a drinking session in Kudat, Sabah. The Court of Appeal upheld the conviction, rejecting defences based on absence of DNA evidence and voluntary intoxication, but substituted the death sentence with 30 years' imprisonment and 12 strokes of whipping.

What was the outcome of Donny @ Mohd Nazmie Bin Musanna v Pendakwa Raya [Pendakwa Raya]?

<p>The appellant was convicted of murder under s.302 of the Penal Code for punching and kicking the deceased to death during a drinking session in Kud...

Statutes Cited

Criminal Procedure Code

s 180

Criminal Procedure Code (Cap 593)

Penal Code (Cap 574)

s 300 s 302

Cases Cited (6)

MY (6)

[1981] 1 MLJ 84 [1983] 2 MLJ 232 [2002] 3 MLJ 193 [2006] 1 MLJ 457 [2006] 4 CLJ 359 [2010] 5 CLJ 733