Mohd Nur Hussein bin Mohd Salleh v Public Prosecutor

Court of Appeal · · Criminal Law, Criminal Procedure

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Mohd Nur Hussein bin Mohd Salleh v Public Prosecutor
CourtCourt of Appeal
Judgment Date4 November 2025
Date Uploaded4 May 2026
Legal TopicsCriminal Law, Criminal Procedure
Parties

Appellant(s): Mohd Nur Hussein Bin Mohd Salleh

Respondent(s):

  • Pendakwa Raya
  • [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]
Bench
  • YA Dato' Azmi Bin Ariffin
  • YA Datuk Noorin binti Badaruddin
  • YA Datuk Meor Hashimi bin Abdul Hamid
Facts & Background
  • The appellant was charged with the murder of the deceased under Section 302 of the Penal Code, following the discovery of the deceased's body with multiple stab wounds.
  • The appellant and deceased had a prior relationship, with the deceased having rejected the appellant's marriage proposal shortly before the incident.
  • The prosecution's case relied heavily on circumstantial evidence, including the appellant leading police to the discovery of the deceased's belongings and blood-stained clothing with the deceased's DNA.
Issues for the Court
  • Whether the High Court erred in finding that a prima facie case had been established based on circumstantial evidence, particularly concerning the admissibility and reliance on evidence under sections 27 and 8 of the Evidence Act 1950.
  • Whether the appellant's alibi defence, supported by cyber café login records, was sufficient to raise a reasonable doubt against the prosecution's case.
  • Whether the sentence of imprisonment imposed by the High Court for murder was adequate, considering the nature and circumstances of the offence.
Decision
  • The Court of Appeal affirmed the appellant's conviction, finding that the circumstantial evidence, including the discovery of incriminating items and witness identification, formed a complete and compelling chain pointing irresistibly to the appellant's guilt.
  • The Court rejected the appellant's alibi defence, holding that the cyber café records did not establish continuous physical presence and were contradicted by other direct evidence.
  • The Court allowed the Public Prosecutor's appeal against sentence, setting aside the imprisonment and substituting it with the death penalty, concluding that the murder was premeditated, brutal, and fell within the "rarest of rare" category.
Link to JudgmentView Full Judgment

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