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2023 MarsdenLR 1827

COURT OF APPEAL PUTRAJAYA
PHILIP UJA – Appellant
Versus
PP – Respondent


Petitioner Advocates:Harold Emparak Anak Kerebo ,Respondent Advocate: Samihah Rhazali

Hashim Hamzah JCA:

Introduction

[1] The Appellant was charged under s 302 of the Penal Code for the murder of Nurnia Azalea Priscilla ("deceased"). The charge against the Appellant reads:

"That you between 8.00 pm on the 1 August 2018 and 2.30 pm on 2 August 2018, at an unnumbered room at No 9B Tiong Hua Road, in the district of Sibu, in the State of Sarawak, did commit murder by causing the death of one Nurnia Azalea Priscilla binti Edward (F) NRIC: 920303-13-5036, and you thereby committed an offence, punishable under s 302 of the Penal Code ."

[2] The Appellant pleaded not guilty to the charge under s 302 of the Penal Code . The matter went for a full trial before the learned trial judge. On 11 March 2020, at the conclusion of the trial, the Appellant was found guilty and convicted of the offence. He was sentenced to death. This is the Appellant's appeal against the said decision.

[3] The Appellant was also charged under s 376 of the Penal Code for allegedly raping the deceased. The learned trial judge found that no prima facie case was made out for the offence of rape under , and there was no appeal against the said decision.

The Prosecution's Case

[4] A total of 19 witn

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