Nordin Hassan FCJ:

Introduction

[1] Sanderasegaran s/o Nithenanham ('the respondent') was charged with the murder of a woman, Durga Devi d/o Selvam ('the deceased') under s 302 of the Penal Code . As specified in the charge, the alleged offence was committed between 11.00pm on 27 February 2016 and 6.00am on 28 February 2016 at house number 4, Kg. Batu Besi, Ladang Sengat, Simpang Pulai, in the district of Ipoh, in the State of Perak Darul Redzuan.

[2] The respondent claimed trial at the Ipoh High Court and upon conclusion of the trial, he was found guilty and sentenced to death. On appeal to the Court of Appeal, his conviction under s 302 of the Penal Code was substituted with a conviction under s 304(a) of the same Code, and the respondent was sentenced to 20 years' imprisonment from the date of arrest.

[3] Being aggrieved with the decision of the Court of Appeal, the Public Prosecutor ('the appellant') filed an appeal to this Court against the said substitution of the conviction from an offence of murder under s 302 to an offence of culpable homicide not amounting to murder under s 304(a) of the Penal Code .

The Case For The Prosecution

[4] The prosecution relied on circu