Kamaruddin Bin Abd Rahim v Pendakwa Raya

Appellant(s): Kamaruddin Bin Abd Rahim

Respondent(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Noorin binti Badaruddin

• The appellant was charged with murder under Section 302 of the Penal Code, convicted by the High Court, and sentenced to death by hanging.
• The High Court Judicial Commissioner took over the trial after another High Court Judge had heard a significant portion of the prosecution's case.
• The appellant appealed against both the conviction and the sentence imposed by the High Court.

• Whether the High Court correctly found a prima facie case for murder, including the credibility of prosecution witnesses and the proof of intent.
• Whether the High Court erred in rejecting the appellant's defence, particularly regarding grave and sudden provocation and the involvement of a third party.
• Whether the death sentence was appropriate, considering the enactment of the Abolition of Mandatory Death Penalty Act 2023 and the High Court's rejection of the appellant's recusal application.

• The Court dismissed the appeal against conviction, affirming the High Court's findings that a prima facie case was established and the charge was proven beyond reasonable doubt.
• The Court found no appellable error in the High Court's assessment of witness credibility, acceptance of the appellant's written statement, or rejection of the appellant's recusal application.
• The Court allowed the appeal against sentence, setting aside the death penalty and substituting it with 30 years imprisonment and 12 strokes of the cane, effective from the date of arrest.