Abdul Rahman Sebli FCJ:

[1] In the High Court at Muar, Johor, the appellant was charged with the murder of 75 year old Law Pow Ling and the charge against him was as follows:

"Bahawa kamu pada 22 November 2013 jam di antara 12.01 pagi hingga 8.30 pagi bertempat di Syarikat Perniagaan Choong, No 101, Jalan Jelawat, Taman Banang di dalam Daerah Batu Pahat, dalam Negeri Johor Darul Ta'zim, telah melakukan kesalahan bunuh hingga menyebabkan kematian Law Pow Ling (No KP: 390319-01-5252) dan oleh yang demikian kamu telah melakukan satu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."

[2] He claimed trial to the charge at the conclusion of which he was found guilty and sentenced to death. His appeal to the Court of Appeal was dismissed, hence the appeal before us. Having heard arguments by the parties on 17 November 2021, we dismissed the appeal and these are our grounds.

[3] The facts may be summarised as follows. Chong Yong Lieng (SP3) is the son of the deceased, Law Pow Ling. He runs a sundry shop selling household goods at No 101, Jalan Jelawat, Batu Pahat, Johor. The shop has one bedroom. SP3 does not stay at the shop but his late mother (the deceased) did and she st