Nordin Hassan FCJ:

Introduction

[1] This case concerns a murder charge under s 302 of the Penal Code (' PC ') against Muhammad Khairuanuar bin Baharuddin ('the respondent') for murdering a child aged 2 years and 2 months old, Hanis Amanda binti Mohd Zafil ('the deceased'). The alleged offence occurred on 6 November 2015 at house No F-03, Lojing Heights 1, Jalan 1/27C, Seksyen 5, Wangsa Maju, in Wilayah Persekutuan Kuala Lumpur.

[2] The respondent was convicted by the High Court of the murder charge and was sentenced to death. However, on appeal to the Court of Appeal, the conviction under s 302 of the PC was substituted with a conviction of culpable homicide not amounting to murder under s 304(b) of the same Code. The respondent was then sentenced to 10 years' imprisonment from the date of arrest on 9 January 2018.

[3] Aggrieved with the decision of the Court of Appeal, the Public Prosecutor ('the appellant') appealed to this Court against the substitution of the conviction from a conviction for an offence under s 302 of the PC to an offence under s 304(b) of the Code. The respondent also appealed against the Court of Appeal's decision for an acquittal and disch