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2025 MarsdenLR 1913
HIGH COURT MALAYA MUAR
PP – Appellant
Versus
MUHAMMAD HUZAIRI RAZALI – Respondent
[Criminal Trial No: JB-45B-2-08/2020]
The court determined the accused guilty of murder as the prosecution proved beyond reasonable doubt that he intentionally killed two victims, rejecting the mental illness defense due to insufficient evidence.
Headnote:(A) Penal Code - Section 302 - Murder - Accused charged with two counts of murder - The prosecution established that the accused inflicted fatal stab wounds on both victims at separate locations, proving the act of murder beyond reasonable doubt. (Paras 2, 9, 12, 42-89)
(B) Criminal Procedure Code - Section 180(1) - Prima facie case - The Court assessed whether the prosecution had made out a prima facie case warranting a conviction based on the evidence presented by eyewitnesses. (Paras 5, 11)
(C) Accused's defence - Mental state - The accused claimed psychiatric illness, but failed to prove legal insanity under Section 84 of the Penal Code, affirmed by medical testimony stating he was not totally insane, leading to conviction. (Paras 44-56, 72-76)
Facts of the case:
The accused was charged with murdering two victims using a “parang” in separate incidents on 12 July 2019 at different locations; eyewitness accounts were pivotal in establishing the facts of the killings. (Paras 1-4)
Findings of Court:
The Court found that the prosecution proved beyond a reasonable doubt that the accused intentionally inflicted injuries on both victims, resulting in their deaths. (Paras 42-43)
Issues: Whether the prosecution established a prima facie case of murder and whether the accused's mental state constituted a valid defence of insanity under Section 84. (Paras 7, 68)
Ratio Decidendi: The Court concluded that the overwhelming evidence from credible witnesses established the intent and act of murder, and the failure to produce psychiatric evidence substantiating the defence of insanity did not exonerate the accused. (Paras 39, 89)
Result: Guilty as charged; sentenced to death by hanging.
| Table of Content |
|---|
| 1. description of murder charges. (Para 1 , 2) |
| 2. causes of death established. (Para 3 , 12) |
| 3. establishing a prima facie case. (Para 4) |
| 4. definition and assessment of prima facie. (Para 5 , 6 , 8) |
| 5. ingredients of murder under penal code. (Para 9 , 10 , 11 , 37) |
| 6. identification of the accused and acts. (Para 14 , 15 , 22) |
| 7. witness account corroboration. (Para 18 , 19) |
| 8. cctv evidence and its implications. (Para 30) |
| 9. burden of proof in defence of insanity. (Para 44 , 57 , 68) |
| 10. final judgment and sentencing. (Para 89) |
Introduction
[1]The accused was charged and tried before me with two charges of murder, which are offences punishable under s 302 of the Penal Code (the Code). The charges read as follows:
"PERTUDUHAN PERTAMA
Bahawa kamu pada tarikh 12 Julai 2019 jam lebih kurang 5.50 petang bertempat di Kedai Kopi Sin Yew Yee, No. 12, Jalan Abdullah, Pekan Buloh Kasap, di dalam Daerah Segamat, di dalam Negeri Johor Darul Ta'zim, telah melakukan bunuh ke atas Ku Cheng Liong @ Ku Sot (No KP: 441031-01-5197). Oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan.
PERTUDUHAN KEDUA
Bahawa kamu pada tarikh 12 Julai 2019 jam lebih kurang 6.03 petang bertempat di Gerai Buah Durian di hadapan Kedai No. 18, Jalan Ibrahim, Pekan Buloh Kasap, di dalam Daerah Segamat, di dalam Negeri Johor Darul Ta'zim, telah melakukan bunuh ke atas Ng Wan Hong (No. KP: 581013-01-6019). Oleh yang demikian kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."
[2] The salient facts adduced by the prosecution can be summarised as follows:
The incident involving the 1st victim
On 12 July 2019, around 5.30 pm, the deceased Ku Cheng Liong @ Ku Sot (1st victim), as his usual routine, went to Kedai Kopi Sin Yew Yee at Jalan Abdullah, Pekan Buloh Kasap, Segamat. Ong Chak Onn (PW9) saw the accused running and entering the coffee shop with a "parang". The coffee shop is PW9's family business. PW9 got scared seeing the accused with a "parang" and ran away. His brother, Ong Chak Seng (PW17), was in the coffee shop upstairs. Upon hearing some noise downstairs, PW17 went down the steps to see what the noise was all about. PW17 then saw the accused holding the 1st victim and stabbing him with a "parang". The accused thereafter let go of the 1st victim, who fell to the ground. PW17 could see from the steps the entire coffee shop on the ground floor. PW17 identified the deceased as a regular customer of the shop for many years. PW17 also identified the accused.
The incident involving the 2nd incident
Soon after the 1st incident, the 2nd incident took place at a durian stall near No. 18, Jalan Ibrahim, Buloh Kasap, Segamat. Upon receiving information of an incident at the said location, Koperal Zikhri Midin (PW11) and his team rushed to the scene at a durian stall in front of Restoran Guan Kee, Pekan Buloh Kasap. Upon arrival, they saw the accused "struggling" with a Chinese man. PW11 identified the Chinese man as the deceased, Ng Wan Hong (2nd victim). PW11 also saw the 2nd victim falling to the ground during the struggle, and the accused sat on top of the 2nd victim and stabbed him in his chest with a "parang". After that, PW11 caught hold of the accused with both hands from the back and made him fall to the ground. The 2nd victim got up to see the stab wound inflicted on him and sought assistance to be sent to a clinic. Lans Koperal Amirul Izzat (PW13) brought the 2nd victim to the clinic. PW13 was not able to fire any shots towards the accused during the moment when the accused was struggling with the 2nd victim upon considering the safety of the public surrounding the scene. Once the accused was made to fall on the ground, PW11 and his team arrested the accused and brought him into a police Land Rover to be taken to the police station. PW11 was unable to save the 2nd victim because the accused acted fast in stabbing the 2nd victim. PW13 also witnessed the a
