CLJ Logo CLJ Bulletin, Issue 2014, Vol 36
05 September 2014

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CASES(S) OF THE WEEK

CRIMINAL LAW: Penal Code - Section 302 - Murder - Recovery of decomposed body - Whether identity of victim proven - Whether intention to cause death made out - Whether evidence of child witnesses correctly admitted - Whether trial judge properly evaluated and appraised evidence - Whether assessment of evidence in accord with principles of law - Whether conviction supported by evidence

CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Murder - Whether trial judge properly evaluated and appraised evidence - Whether assessment of evidence in accord with principles of law - Whether evidence cumulatively point to appellant's guilt

EVIDENCE: Witness - Child witness - Preliminary inquiry as to comprehension of duty of speaking truth and nature of oath or affirmation - Whether conducted by trial judge - Whether discrepancy existed - Whether evidence admissible


MOHD NAKI MOHD YUSUF v. PP
FEDERAL COURT, PUTRAJAYA
ARIFIN ZAKARIA CJ; SURIYADI HALIM OMAR FCJ; AHMAD MAAROP FCJ; HASAN LAH FCJ; ZALEHA ZAHARI FCJ
[CRIMINAL APPEAL NO: 05-284-2012(B)]
24 JULY 2014