The Charge

[1] The accused was charged with the murder of a girl aged 14, at a mango orchard on Pulau Gaya, Semporna, Sabah.

[2] The charge was framed as follows:

"That you, on the 29th day of November 2018, at about 2.30 pm, located in mango orchard, Pulau Gaya in the District of Semporna, in the State of Sabah, did commit murder by causing death of one XXXXXXX XXXXX XXXXXX (Female/14 Years Old, Suluk) and that you have thereby committed an offence punishable under s 302 of the Penal Code (Act 574) of the Laws of Malaysia."

The Prosecution's Case

[3] The prosecution called 10 witnesses to prove its case, viz, (i) the identity of the deceased; (ii) the deceased died as a result of injuries caused by the accused; and (iii) the accused had the requisite intention of those injuries within the meaning of s 300(c) of the Penal Code .

[4] Section 299 of the Penal Code provide