Mohd Saari Yusoff JCA:

On 30 April 2001 in an oral judgment we unanimously dismissed the appeal of Nor Hasnizam bin Abdul Latiff against his conviction for murder and the sentence of death passed on him.

The appellant was convicted on the following charge and was sentenced to death:

Bahawa kamu pada 7hb November 1997 jam lebih kurang 5.45 petang di Kedai Gunting Rambut JIA MIZZlE No. 1, Jalan Cantik, Taman Suraya, Jementah di dalam daerah Segamat di dalam Negeri Johor, telah melakukan kesalahan bunuh dengan menyebabkan kematian kepada ONG YAO YONG (Sijil Kelahiran No. J 472912), dengan itu kamu telah melakukan kesalahan yang boleh dihukum di bawah seksyen 302 Kanun Keseksaan.

The facts are as follows: On 7 November 1997 at about 5.30pm the appellant and Mohd. Farid bin Ahmad ("Farid") alighted from their car JBX 4817 and dropped by at a hair dressing saloon known as JIA MIZZI No. 1, Jalan Chantik Satu, Jalan Suraya, Gementah. At that time, only SP7 and her son aged five years named Ong Yao Yong ("Yong") were in the premises.

After entering the premises, the appellant sat down and watched TV. In the case of Farid, he had his hair washed by SP7. Later after SP7 had dried Farid's hair, Farid handed over RM10 to SP7. Then, after SP7 had returned the change of RM5 to Farid, Farid suddenly pulled out a knife and stabbed SP7 a few times. At that point of time, the appellant went up to Yong with a knife and stabbed Yong in the chest. Yong was at that time close by watching TV. Later, both the appellants fled and left the scene in their car.

Immediately after the incident, both the mother and son (deceased) were taken to District Hospital Segamat. SP3 examined Yong and pronounced him to be dead. Post-mortem examination was carried out by a pathologist (SP4).

On the same day, acting on information received, the police succeeded in tracing the car JBX 4817 and they arrested the appellant and Farid at Batu 1 Jalan Segamat/Labis, Johor. From the car, the police found two knives, one wrapped in plastic and the other with newspaper.

According to the pathologist (SP4), the cause of death was due to internal bleeding resulting from the stab wound in the chest. SP4 described the stab wound at the front part of the chest as 4 x 1.8cm and 13cm deep. The stabbing had penetrated the left side of the fifth intercostal area and had injured the 5th and 6th rib slightly. The stabbing also penetrated the heart. He opined that the injuries to Yong could have been caused by a sharp instrument such as a knife (P6). Further, he said that the direction of the stabbing came from the front.

In the defence's case only the appellant gave evidence. In examination in chief, the appellant deposed that he worked as a supervisor in a company known as I.O.I. Segamat. On 7 November 1997, he was on leave and was scheduled to meet a friend at Skudai JB at 9pm. As it was too early to leave for Skudai, he whiled away his time at a waterfall at Gunong Ledang. That evening, while passing through Gementah he and Farid stopped at a dressing saloon with the intention of committing robbery. After entering the premises, he watched TV while Farid had his hair washed by SP7. Later, Farid gave RM10 to SP7 who in turn gave a change of RM5 to Farid. At the stage when Farid was keeping the change in his trousers, Farid suddenly drew a knife and threatened to hurt SP7. SP7 was hurt while trying to run away from Farid. At that point of time, the appellant saw Yong standing on the arm of the sofa. Thinking that Yong was about to jump down, the appellant went up and grabbed Yong's neck with his left hand. The appellant had a knife in his right hand. Yong was hurt when Yong fell on the knife.

At the hearing of this appeal, the learned counsel for the appellant addressed the court on the issue that the injury inflicted on Yong was accidental. In this case, the trial judge had considered and rejected the defence of accident. It has to be pointed out his lordship also rejected the sto