Abdul Malik bin Rosli v Pendakwa Raya

Appellant(s): Abdul Malik Bin Rosli

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Noorin binti Badaruddin

• The decomposed body of the deceased was discovered in his government quarters after he failed to report for work, prompting a police investigation.
• The appellant was subsequently arrested in Johor Bahru, found in possession of the deceased's personal belongings, including his identification, bank cards (which the appellant had used multiple times), and motorcycle.
• DNA evidence (hair and cigarette butts) belonging to the appellant was found at the deceased's residence, placing him at the scene around the estimated time of death.

• Whether the High Court erred in convicting the appellant for murder based entirely on circumstantial evidence, and if such evidence irresistibly pointed to the appellant's guilt.
• Whether the prosecution had successfully proven the *mens rea* for murder under Section 300(c) of the Penal Code, specifically that the injuries inflicted were "sufficient in the ordinary course of nature to cause death".
• Whether the appellant's defence, which included claims of self-defence, forced sexual acts, and the possibility of another perpetrator, was capable of raising a reasonable doubt.

• The Court of Appeal upheld the conviction for murder, finding that the cumulative circumstantial evidence formed a strong and undeniable chain pointing solely to the appellant's culpability.
• The Court affirmed that the *mens rea* under Section 300(c) of the Penal Code was proven, relying on expert forensic testimony that the severe head injuries were sufficient in the ordinary course of nature to cause death and were not self-inflicted.
• The Court dismissed the appellant's defence as unreasonable and unsubstantiated by evidence, but allowed the appeal against the death sentence, substituting it with 30 years imprisonment and 12 strokes of the cane, as the case did not fall into the "rarest of the rare" category.