PENDAKWA RAYA Pendakwa Raya TERTUDUH ZHU JIA HONG
2 cases cited
(0 SG, 2 foreign)
Catchwords
CRIMINAL LAW: Murder — Penal Code s 302 — Defence of private defence — Accused and deceased engaged in physical struggle following argument over unpaid salary — Deceased sustained 23 injuries including fatal stab wound to chest penetrating the heart — Accused sustained minor injuries — Whether accused acted in exercise of right of private defence — Whether force used was necessary and proportionate to threat faced — Whether right of private defence ceased once threat was neutralised — Penal Code ss 96, 99, 100 & 102. CRIMINAL LAW: Murder — Intention — Penal Code s 300(c) — Inference of intention — Nature, number, and location of injuries — Use of dangerous weapon — Fatal injury inflicted on vital part of body — Whether intention to cause bodily injury sufficient in the ordinary course of nature to cause death established — Whether medical evidence supported claim of accidental or self-inflicted injury during struggle. CRIMINAL PROCEDURE: Defence — Maximum evaluation — Remittal of case by Court of Appeal for defence to be called — Evaluation of accused’s testimony given on oath — Credibility of defence version — Whether defence raised a reasonable doubt in the Prosecution’s case. CRIMINAL LAW: Sentencing — Murder — Penal Code s 302 — Mitigation — Sudden quarrel and lack of premeditation — Accused a young first-time offender — Whether circumstances warranted the death penalty — Exercise of judicial discretion — Sentence of 30 years' imprisonment and 12 strokes of the cane.
Judges (1)
Counsel (4)
Parties (2)
Statutes Cited
Cases Cited (2)
MY (2)
[2003] 2 MLRH 665 [2011] 8 MLRH 678
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-45b-2-03-2020)