Gunasegaran a/l Munisamy v Pendakwa Raya

Appellant(s): Gunasegaran A/l Munisamy

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Che Mohd Ruzima Bin Ghazali
• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Azizul Azmi Bin Adnan

• The appellant was charged with murder under section 302 of the Penal Code for causing the death of the deceased on 5 February 2018.
• The High Court found the appellant guilty of the charge and sentenced him to death by hanging.
• Aggrieved by the decision, the appellant appealed to the Court of Appeal against both the conviction and the sentence.

• Whether the High Court erred in finding that the prosecution had established a prima facie case at the close of its evidence.
• Whether the High Court erred in concluding that the defence failed to raise reasonable doubt against the prosecution's case, and that the prosecution had proven the charge beyond reasonable doubt.
• Whether the death sentence imposed by the High Court was appropriate given the circumstances and recent legislative changes.

• The Court unanimously dismissed the appellant's appeal against conviction, affirming the High Court's finding that a prima facie case was established and that the defence failed to raise reasonable doubt.
• The Court upheld the High Court's assessment of the prosecution's evidence, including the agreed facts under section 172A(4) of the Criminal Procedure Code, and its finding regarding the appellant's intent under section 300(c) of the Penal Code.
• The Court allowed the appeal against sentence, setting aside the death penalty and substituting it with 35 years imprisonment from the date of arrest and 15 strokes of the cane, in line with the Abolition of Mandatory Death Penalty Act 2023.