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rayuan jenayah no:q-05-49-04 between empati anak mat

rayuan jenayah no:q-05-49-04 between empati anak mat

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evidence as a whole or individually failed to establish that the<br />

accused was at his padi field on that night.<br />

The trial judge also rejected the evidence of the accused<br />

as a mere denial. After giving due considerations to whole<br />

evidence before him, he found that the defence failed to raise<br />

reasonable doubt to the prosecution`s case. He also found that<br />

the prosecution had proved its case beyond reasonable doubt.<br />

He found him guilty and convicted him. Death sentence was<br />

imposed on the accused.<br />

For all the above reasons, this court unanimously<br />

dismissed this appeal and affirmed the conviction and sentence<br />

of the trial court.<br />

My learned brothers James Foong Cheng Yuen, JCA<br />

(currently FCJ) and Sulong Matjeraie, JCA having read this<br />

judgment in draft agree with the reasons expressed herein and<br />

to the decision given in this case.<br />

t.t.<br />

(DATO’ WAN ADNAN BIN MUHAMAD)<br />

Judge<br />

Court of Appeal, Malaysia.<br />

Date: 31July, 2009<br />

24

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