SEOW PEI CHIE v Pendakwa Raya [Pendakwa Raya]
Catchwords
Criminal Law – Murder – Appeal by Appellants who were convicted and sentenced to death by HCJ – Whether HCJ had misdirected himself as to what constituted common intention of the Second Appellant – Penal Code, section 34 Criminal Procedure – Murder – Appeal by Appellants who were convicted and sentenced to death by HCJ – Failure of the HCJ to specify the precise limb of section 300 of the Penal Code at the close of the Prosecution's case – Whether HCJ had erred in deciding that the Prosecution had established a prima facie against the Appellants – Whether such omission had occasioned a miscarriage of justice Criminal Procedure – Murder – Appeal by Appellants who were convicted and sentenced to death by HCJ – Whether HCJ had erred in the exercise of his discretion in imposing the death penalty on both Appellants – Abolition of Mandatory Death Penalty Act 2023, section 34. Evidence – Murder – Appeal by Appellants who were convicted and sentenced to death by HCJ – Conduct of Appellants and abusive relationship between Appellants and Deceased prior to her death – Whether amounted to bad character - Whether HCJ had erred in taking into consideration bad character of Appellants – Evidence Act 1950, sections 6, 7, 8, 9, 14 Evidence – Murder – Appeal by Appellants who were convicted and sentenced to death by HCJ – Evidence adduced by the prosecution entirely circumstantial – Whether HCJ had appreciated the totality of the evidence in finding the Appellants guilty beyond a reasonable doubt
Practice Areas
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (q-05m-304-08-2023)