The accused's actions exceeded the limits of self-defence, constituting murder rather than culpable homicide, as he pursued and stabbed the deceased after the initial threat had ceased.

JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] There are two appeals before us. Both appeals arise from the same murder trial. The accused was charged as follows:

"That you, ODANG (PASSPORT NO: AS 952609) between 9.30 pm on 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 ."

[2] At the conclusion of the trial, the accused was found guilty of the lesser offence of culpable homicide not amounting to murder under s 304(a) of the Penal Code . He was sentenced to 13 years imprisonment from the date of arrest. In the first appeal, the accused has appealed against the conviction and sentence under s 304(a) of the . In the second appeal, the Public Prosecutor has appealed against the decision of the High Court to acquit the accused of the murder charge and find convict him for the lesser offence under s 304(a) of the .

Case For The Prosecution

[3] The case for the prosecution was based on the eye witness evidence of Puddin Sampara (PW11). The brief facts extracted from the judgment of the High Court are as follows. He and the accused lived in an oil palm plantation known as Ladang Rinwood in Mukah District. On 20 February 2019 at around 9.00 pm., the accused asked PW11 to accompany him to see someone that he had not met before. They reached an estate road near Block 90 of the estate at around 9.30 pm. The area was unlit and deserted.

[4] PW11 saw a man, later identified as the deceased victim, standing beside a motorcycle in the dim moonlight. We shall refer to this place as the motorcycle area. When PW11 and the accused approached him, the man asked the accused whether he wanted to buy drugs for RM1000. PW11 said the accused refused and said he did not want to consume drugs or be involved in drug activities anymore. The deceased then asked the accused to lend him RM1000. When the accused rejected the request, the deceased drew a knife that was still in its sheath from his waist. PW11 warned the accused about it. It was then that the accused drew his own knife and stabbed the deceased in the left lower back. PW11 said that the deceased did not manage to unsheathe his knife. To a specific question by the DPP, PW11 said that the accused stabbed the deceased only once. During cross-examination, it was never put to PW11 that the accused stabbed the deceased more than once at the motorcycle area where they met him. The deceased then fled along the estate road. PW11 said that the accused, still carrying his knife, pursued and chased the deceased for a distance of 200 to 400 metres. Feeling afraid, PW11 ran home. His wife was called as a witness. She confirmed that her husband came home around midnight and told her that the accused had attacked someone.

[5] The body of the deceased was discovered lying along the same road in the morning at 7.20 am. by a plantation worker (PW3) who reported it to his manager (PW2). The police were notified. In the course of the police investigation, the accused gave information that led to the discovery of the knife (P18A) that was used to stab the deceased.

[6] The pathologist who conducted the autopsy was Dr Norliza binti Ibrahim. She recorded in the autopsy report that she noted three stab wounds on the trunk of the body. The said that the cause of death was due to chest and intra-abdominal injuries caused by stab wounds. She referred to the injury on the chest as Injury No 1 and that to the back as Injury No 3. These injuries were fatal in nature. She said Injury No 2 on the front chest was not "significantly fatal". She also said that the stab wounds on the body could have been inflicted with the knife discovered pursuant to information from the accused. In the submissions, the fatal injuries to the chest and the back are referred to as In