Table of Content
1. appeal dismissed; trial court affirmed. (Para 1)
2. circumstantial evidence can support a murder charge (Para 2 , 3)
3. critique of evidentiary gaps in prosecution's case (Para 4)
4. evidentiary standards and relevance of dying declarations (Para 5 , 6 , 7 , 8 , 9 , 10)
5. legal interpretations of dying declarations and their admissibility (Para 11 , 12 , 13)
6. appeal dismissed; trial court's decision upheld (Para 14 , 15)

[1] The appellant/accused appeal in respect of conviction and sentence of death for murder came up for hearing on 15 May 2013 and we heard it on the same day and dismissed it. My learned brothers Ramly Ali JCA and Mohtarudin Baki JCA have read the judgment and approved the same. This is our judgment.

[2] The appellant was charged for murder and the charge reads as follows:

"That you, on the 27th day of March 2006 at about 2.00pm at Kampung Takada Pulau Bum Bum, in the District of Semporna, in the state of Sabah, did commit murder by causing the death of one Siti Jainah Binti Titing (F), 20 years old and that you thereby committed an offence punishable under s 302 of the Penal Code ."

Brief Facts

[3] In the instant case there was no eye witness to the mu

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