Mohammad Abdullah bin Mohamed v Pendakwa Raya

Court of Appeal · · Criminal Law

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Mohammad Abdullah bin Mohamed v Pendakwa Raya
CourtCourt of Appeal
Judgment Date26 June 2025
Date Uploaded30 June 2025
Legal TopicsCriminal Law, Civil Procedure Law
Parties

Appellant(s): Mohammad Abdullah Bin Mohamed

Respondent(s):

  • Pendakwa Raya
  • [Pendakwa Raya]
Bench
  • YA Dato' Ahmad Zaidi Bin Ibrahim
  • YA Dato' Paduka Azman Bin Abdullah
  • YA Dato' Azmi Bin Ariffin
Facts & Background
  • The appellant was charged with and convicted of murder under Section 302 of the Penal Code for causing the death of his 9-year-old daughter.
  • The High Court found a prima facie case and, after the defence, convicted the appellant, sentencing him to death.
  • The prosecution's case relied significantly on the testimony of the deceased's 15-year-old brother, who was an eyewitness to the appellant's violent acts against the deceased, which included stomping, kicking, throwing, and hitting her head, leading to extensive internal and external injuries.
Issues for the Court
  • Whether the High Court erred in admitting and relying on the sworn testimony of the child witness without conducting a preliminary inquiry to assess his competency and understanding of the oath.
  • Whether the High Court failed to properly evaluate the appellant's defence, which included an alibi and an attempt to shift blame to the deceased's stepmother.
  • Whether the conviction for murder under Section 302 Penal Code was safe, or if the acts amounted to culpable homicide not amounting to murder.
Decision
  • The Court of Appeal held that a preliminary inquiry for a child witness is not mandatory, especially when the witness (aged 15 at trial) demonstrated sufficient intelligence and understood the oath, as evident from the trial record.
  • The Court found the appellant's defence to be a bare denial and an afterthought, lacking credible evidence and failing to raise reasonable doubt, noting the appellant's inconsistent statements and failure to challenge key prosecution evidence.
  • The Court affirmed the High Court's conviction for murder, finding ample corroborating evidence, including detailed forensic medical findings, to support the child witness's testimony and link the appellant to the crime. The appeal against conviction and sentence was dismissed.
Link to JudgmentView Full Judgment

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