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2025 MarsdenLR 2093
HIGH COURT MALAYA MUAR
PP – Appellant
Versus
MUHAMMAD HUZAIRI RAZALI – Respondent
[Criminal Trial No: JB-45B-2-08/2020]
The court established that the prosecution must prove a prima facie case for murder, which includes demonstrating the accused's intent to kill, while the defence of insanity requires substantial evidence of mental incapacity at the time of the crime.
Headnote:(A) Penal Code - Section 302 - Murder - The accused was charged with two counts of murder for the deaths of two victims on 12 July 2019, resulting from stab wounds inflicted with a 'parang' - The prosecution established a prima facie case through eyewitness testimonies and post-mortem reports confirming the cause of death - The defence of insanity was raised but not substantiated as the accused failed to prove he was legally insane at the time of the offences. (Paras 1, 12, 42, 89)
(B) Prima Facie Case - The court outlined the requirements for establishing a prima facie case, emphasizing the need for sufficient evidence to warrant a conviction if unrebutted - The prosecution successfully demonstrated that the accused had the intention to inflict fatal injuries on both victims. (Paras 5, 11, 12, 42)
Facts of the case:
The accused was charged with murdering two individuals in separate incidents on the same day, using a 'parang' to inflict fatal stab wounds. Eyewitnesses testified to witnessing the attacks, and post-mortem reports confirmed the cause of death. (Paras 1, 2, 3)
Findings of Court:
The court found that the prosecution had proven beyond a reasonable doubt that the accused committed the murders, rejecting the defence of insanity due to insufficient evidence. (Paras 42, 89)
Issues: The main issues included whether the prosecution established a prima facie case and whether the accused's mental state at the time of the offences warranted a defence of insanity. (Paras 5, 66)
Ratio Decidendi: The court held that the evidence presented by the prosecution was overwhelming and sufficient to establish the accused's guilt, while the defence of insanity was not proven as the accused failed to demonstrate a loss of cognitive faculties. (Paras 42, 89)
Result: The accused was found guilty of murder and sentenced to death. (Paras 89, 90)
JUDGMENT
Introduction
[1]The accused was charged and tried before me with two charges of murder, which are offences punishable under s 302 of the Penal Code (the Code). The charges read as follows:
"PERTUDUHAN PERTAMA
Bahawa kamu pada tarikh 12 Julai 2019 jam lebih kurang 5.50 petang bertempat di Kedai Kopi Sin Yew Yee, No. 12, Jalan Abdullah, Pekan Buloh Kasap, di dalam Daerah Segamat, di dalam Negeri Johor Darul Ta'zim, telah melakukan bunuh ke atas Ku Cheng Liong @ Ku Sot (No KP: 441031-01-5197). Oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan.
PERTUDUHAN KEDUA
Bahawa kamu pada tarikh 12 Julai 2019 jam lebih kurang 6.03 petang bertempat di Gerai Buah Durian di hadapan Kedai No. 18, Jalan Ibrahim, Pekan Buloh Kasap, di dalam Daerah Segamat, di dalam Negeri Johor Darul Ta'zim, telah melakukan bunuh ke atas Ng Wan Hong (No. KP: 581013-01-6019). Oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."
[2] The salient facts adduced by the prosecution can be summarised as follows:
The incident involving the 1st victim
On 12 July 2019, around 5.30 pm, the deceased Ku Cheng Liong @ Ku Sot (1st victim), as his usual routine, went to Kedai Kopi Sin Yew Yee at Jalan Abdullah, Pekan Buloh Kasap, Segamat. Ong Chak Onn (PW9) saw the accused running and entering the coffee shop with a "parang". The coffee shop is PW9's family business. PW9 got scared seeing the accused with a "parang" and ran away. His brother, Ong Chak Seng (PW17), was in the coffee shop upstairs. Upon hearing some noise downstairs, PW17 went down the steps to see what the noise was all about. PW17 then saw the accused holding the 1st victim and stabbing him with a "parang". The accused thereafter let go of the 1st victim, who fell to the ground. PW17 could see from the steps the entire coffee shop on the ground floor. PW17 identified the deceased as a regular customer of the shop for many years. PW17 also identified the accused.
The incident involving the 2nd incident
Soon after the 1st incident, the 2nd incident took place at a durian stall near No. 18, Jalan Ibrahim, Buloh Kasap, Segamat. Upon receiving information of an incident at the said location, Koperal Zikhri Midin (PW11) and his team rushed to the scene at a durian stall in front of Restoran Guan Kee, Pekan Buloh Kasap. Upon arrival, they saw the accused "struggling" with a Chinese man. PW11 identified the Chinese man as the deceased, Ng Wan Hong (2nd victim). PW11 also saw the 2nd victim falling to the ground during the struggle, and the accused sat on top of the 2nd victim and stabbed him in his chest with a "parang". After that, PW11 caught hold of the accused with both hands from the back and made him fall to the ground. The 2nd victim got up to see the stab wound inflicted on him and sought assistance to be sent to a clinic. Lans Koperal Amirul Izzat (PW13) brought the 2nd victim to the clinic. PW13 was not able to fire any shots towards the accused during the moment when the accused was struggling with the 2nd victim upon considering the safety of the public surrounding the scene. Once the accused was made to fall on the ground, PW11 and his team arrested the accused and brought him into a police Land Rover to be taken to the police station. PW11 was unable to save the 2nd victim because the accused acted fast in stabbing the 2nd victim. PW13 also witnessed the accused stabbing the 2nd victim and assisted PW11 in arresting the accused. The 2nd victim was treated at the Klinik Kesihatan Buloh Kasap but died shortly after the initial treatment. Shee Boon Heng (PW16), the 2nd victim's friend who was near the durian stall witnessed the accused coming towards the durian stall with a "parang". PW16 saw the 2nd victim retreating, knocking into a chair and falling to the ground when the accused came towards him with a "parang". PW16 also saw the accused stabbing the 2nd victim with a "parang"
