ZULFALDY SHAFIEQ BIN ALI v Pendakwa Raya [Pendakwa Raya]

q-05m-302-07-2022 Court of Appeal (Mahkamah Rayuan) 24 June 2024 • Q-05(M)-302-07/2022

Catchwords

Murder- s.302 of Penal Code – appeal against conviction and sentence- substitution of sentence-imprisonment for 33 years- direct and circumstantial evidence-eye witness- deceased-repeated stabbing-prosecution established prima facie – intention of causing death-whether the deceased died as a result of injuries sustained by the accused-element regarding identity of the deceased-evidence of DNA test- whether injuries of deceased were caused by or as a result of the act of Appellant -whether appellant’s acts in inflicting injuries amounted to murder under all the four limb of a.302 of the Penal Code-witness statement-identity of the deceased-corroboration of evidence-credibility of witness-mitigation of sentence-Abolition of Mandatory Death Penalty Act 2023- court discretion whether to impose death penalty on any person convicted of murder.

Judges (3)

Alwi bin Abdul Wahab Delivered Azizah binti Haji Nawawi Coram Mohamed Zaini bin Mazlan Coram

Parties (2)

Pendakwa Raya Respondent Zulfaldy Shafieq bin Ali Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (q-05m-302-07-2022)