PENDAKWA RAYA Pendakwa Raya [TIMBALAN PENDAKWA RAYA] TERTUDUH 1. ) GO BOON SHENG 2. ) LIEW JIN FENG

jb-45b-2-04-2021 High Court (Mahkamah Tinggi) 4 March 2026 • JB-45B-2-04/2021

Catchwords

CRIMINAL LAW – Murder – Reduction of charge - Both accused are husband and wife - Charged with murder – Section 302 PC read together with section 34 PC – Victim a 4 year old girl – Mother of victim left the victim under the care of the 2nd accused - Intention to kill not proven - Court amended the charge to section 304(a) PC at the end of the Prosecution case – Based on the evidence presented during the prosecution stage – Injuries was inflicted on the victim by caning using a Rotan – Victim died due to tramline bruises causing severe hemorrhage into soft tissues – Leading to systemic function worsened - Absence of fatal injuries inflicted on the victim - Whether injuries inflicted on the victim sufficient in the ordinary course of nature to cause death – Defence put forward by both accused at the Prosecution stage - Victim was caned – Due to her frequently passing motion and urination all over the place in the house – The 2nd accused brought the victim to the hospital upon finding her unconscious – The 1st accused notified the victim’s mother that victim was sent to the hospital - 1st accused also fetched the victim’s mother to the hospital - Based on the facts and circumstances of the case it cannot be inferred that both accused had the intention to kill - Whether trial Court was justified in amending the charge – Whether the decision of the trial Court to amend the charge appealable – Whether falls within the definition of decision under section 3 CJA 1964 – Whether premature for the Prosecution to question the correctness or propriety of the decision at the prima facie stage – Whether in the interest of justice criminal trials must be concluded expeditiously without interruption of piecemeal appeal.

Practice Areas

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (3)

Pendakwa Raya Prosecutor Go Boon Sheng Accused Liew Jin Feng Accused

Judgment

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Read on eJudgment

Source: eJudgment (jb-45b-2-04-2021)