Introduction

[1] This is an appeal by You Poh Khoon ("the Appellant" or "the Accused") against the decision of the High Court which found that the Appellant was guilty of the charge and convicted under s 302 of the Penal Code . The Appellant was sentenced to death.

[2] After reading the written submissions filed, hearing both parties orally and perusing the records of appeal, we unanimously decided to dismiss the appeal.

The Prosecution Case

[3] The Appellant was alleged to have decapacitated his father, You Su Kim, causing his death and thereafter cut off the hands and legs of the deceased. The charge against the him reads as follows:

"Bahawa kamu di antara 8 Oktober 2018, jam lebih kurang 3.00 petang hingga 9 Oktober 2018, jam lebih kurang 10.30 pagi, di alamat No 564, Khantan Baru, Chemor, lpoh, di dalam daerah Kinta, di dalam negeri Perak, telah membunuh You Su Kim, (No. KP 441111-08-5427) dan oleh yang demikian, kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."

[4] The learned Judicial Commissioner ("JC") had outlined the material facts of prosecution case in his grounds of judgment which we respectfully adopt them with modi