The court determined that the Accused's actions fell within self-defense principles but ultimately constituted culpable homicide not amounting to murder when he exceeded necessary force.

JUDGMENT

(After full trial)

Christopher Chin Soo Yin JC:

The Charge

[1] At the conclusion of the prosecution's case I ordered that the Accused be called to enter upon his defense of the charge of murder under s 300 and punishable with death under s 302 of the Penal Code :-

"That you, ODANG (PASSPORT NO: AS 952609) between 9.30 pm on the 20 February 2019 and 7.20 am on the 21 February 2019, at Block 89 A, Ladang Rinwood, Kenyana Estate, in the district of Mukah, in the State of Sarawak, committed murder by causing the death of RIANTO (M) (PASSPORT NO: A 7734680), and thereby you have committed an offence punishable under s 302 of the Penal Code . "

The Fateful Night On The 20 February 2019

[2] The events on the night at Ladang Rinwood, Kenyana Estate, an oil palm plantation, leading to the death of the deceased were largely undisputed.

[3] On 20 February 2019 at around 9.00 pm, PW11 (Puddin Sampara) was approached by the Accused (Odang) whilst PW11 was at Rumah Mandor Ismail, handling palm stocks.

[4] The Accused told PW11 that there was someone new outside that the Accused did not know who and had asked PW11 to accompany him to see the person.

[5] Both of them walked until they reached Block 90, Ladang Rinwood, Kenyata Estate, an estate road, at around 9.30 pm. There, both of them met the Deceased (Rianto), who was not known to PW 11.

[6] The meeting was at a then deserted, unlit and unsealed gravel plantation access road. The Deceased was waiting for the Accused standing beside his motor cycle which was then not running. There was only dim moonlight as there were no building or streetlights nearby.

[7] The Deceased then asked from the Accused whether he would like to buy dangerous drugs from him at a price of RM 1,000. The Accused then replied "Saya minta maaf, saya tidak mahu beli lagi". The Accused further stated to the Deceased that he wanted to stop taking dangerous drugs and he don't want to be involved in drugs abuse activities anymore;

[8] The Deceased then asked from the Accused to lend him RM 1,000, which the Accused refused.

[9] PW11 later heard the Deceased uttered the word "apa kau ini", whereby consequentially, the Deceased, in a motion illustrated by PW11, drew out a knife from his waist with the said knife [Exhibit P29] still in its sheath, PW11 then warned the Accused with "Awas, Odang".

[10] The Accused reacted by drawing his own knife, known as "badek" [Exhibit P18A] which he then struck out against the deceased injuring the deceased on his left back.

[11] Once the Deceased then ran away from the scene along the same oil palm estate road and the Accused gave chase.

[12] PW11 saw the Accused been chasing the Deceased for a distance approximately around 200 to 400 meters and the Accused during that chase, was carrying Exhibit P18A together.

[13] The incident of the Deceased drawing Exhibit P29, where the knife was still in its sheath whereby the Accused then struck the Deceased once were witnessed by PW11 in the dim light.

[14] In the morning of the 21 February 2019 at around 7.20 am, PW3 (Ruslan Sudi) was passing around the area of Block 89 A, Ladang Rinwood, Kenyana Estate, Mukah when he spotted a motionless body (the Deceased) on the road who was unknown to him, together with a knife spotted near, as seen in Exhibit P1 (2), (4) and (8) still in its sheath. He then called and informed his Manager, PW2 (Amit Anak Baling).

[15] PW2 went on to the scene to conduct a check, and he then went on to lodge police report as in Exhibit P9 on the same date.

[16] At around 1100 hours, 21 February 2019, PW7 (Sjn Nyantung) came to secure the scene and had conducted inspection on the same.

[17] PW11 and the Accused were then arrested on 22 February 2019 by PW4 (ASP Peter Yong).

[18] In the course of the investigation, the Accused had given an information leading to the discovery of Exhibit P18A at Phase 5, Blok 103, Ladang Rinwood, Mukah, as Exhibit P18A was then recovered by PW6 (Supt Gabriel). Exhibit P18A was then measured to be 30 cm in