Public Prosecutor v Kok Wah

Kuan
9200894 SHAZA AFIFAH BINTI SULAIMAN
9200880 SYAZATUL HUSNA BINTI MUHAMMAD HAII
9201475 HANA QISTINA BINTI CHE KHAIRUNIZAN
9201232 FATIN IZYANI BINTI AHMAD SAFFAR

IN LIEU
‘instead of’ or ‘in the place
of’ or ‘in substitution of’
HEARSAY
oral or written statements made
by someone other than during
his testimony in court
LEGAL TERMS
In lieu of a sentence of death, the
Court shall order a person convicted
of an offence to be detained in a
prison during the pleasure of the
PRIMA FACIE
YDPA
The statement is not admissible in the
evidence to prove the truth of the
statement because the evidence is
hearsay evidence
As this exercise cannot be postponed to the end
of the trial, a maximum evaluation of the
credibility of witnesses must be done at the
close of the case for the prosecution before the
court can rule that a prima facie case has been
made out in order to call for the defence
At first appearance; on
the face of things.
The Deputy Public Prosecutor further
argued that the important question that
A PERSON IN needs to be decided is whether SP19
is "a person in authority".
AUTHORITY
any person directly
vested with jurisdiction
 LEGAL TERMS
Inherent probability of his
INHERENT evidence should also be
PROBILITY considered
The likelihood of the event
occurring if there were no
controls in place.
In that case the Privy Council has
interpreted the provisions on
confession under the Evidence
IN PARI Ordinance in Ceylon which is in pari
MATERIA materia with the Evidence Act in
see interpretation Singapore.
INTER ALIA
Among other things. The
phrase is used to make it
clear that a list is not
exhaustive
PROBATIVE
VALUE
the ability to a piece of evidence to
make a relevant disputed point
more or less true
The judge said, inter alia, that
the time to file the action had
passed.
The probative value of an
admission or a confession does
not depend upon its
communication to another,
though, just like any other piece
of evidence, it can admitted in
evidence only on proof.
 9200894 SHAZA AFIFAH BINTI SULAIMAN

BRIEF
Case
01 citation
PUBLIC PROSECUTOR V KOK WAH KUAN [2007] 6 CLJ 341
Cour
02 FEDERAL
t COURT, PUTRAJAYA

03 Date
23 OCTOBER 2007

04 In brief
A CHILD WHO WAS CONVICTED OF KILLING HIS TUITION TEACHER’S
Action
DAUGHTER

05 taken
GUILTY, ARRESTED DURING THE PLEASURE OF YDPA
PURSUANT TO S97(2) OF THE CHILD ACT 2001
 9201475 HANA QISTINA BINTI CHE KHAIRUNIZAN

DETAILS

PLAINTIF DEFANDA
F/ NT/
RESPOND Public Prosecutor Kok Wah Kuan
APPEALA
ENT NT

PROCEEDIN • 3 times
JUDG 1. Ahmad Fairuz (CJ) [decline appeal]
2. Abdul Hamid Mohamad (PCA) [decline
GS • 2003-2007 ES appeal]
• HC-COA-FC 3. Alaudin Mohd Sheriff (CJ) Malaya [decline
appeal]
4. Richard Malanjum (CJ) Sabah & Sarawak
[accept appeal]
5. Zaki Tun Azmi (FCJ) [decline appeal]
· This case is the first case in Malaysia where a child offender has been
convicted of murder and incarcerated under section 97 (2) of the Children
Act

· He wanted to come to an extra class (tuition) at his teacher's house at

3.30 p.m.

· The teacher did not allow the suspect to come – it was very early. But,
he informed him that he had arrived in front of the teacher's house.

· The teacher instructed his daughter to open the door of the house - the
teacher's daughter lived alone

· At 4 pm, the teacher received a phone call from her own house – “when the
teacher wanted to return?.” - the teacher was on her way home – “what the
suspect was doing” – “I am sitting on a sofa”

· At 4.30 pm, the teacher arrived - The gate is not locked. The padlocks on
the door grill are locked from the outside. – there was a drop of blood
on the floor in the living room - went towards the kitchen. More and
more blood on the floor. No one is there
 9201475 HANA QISTINA BINTI CHE KHAIRUNIZAN

· bathroom door did not close tightly - her daughter was seen covered in blood
on the floor - Her neighbor then came to help

· the victim was taken to Setapak Surgery Clinic – the doctor instructed the
victim to be taken to Gleneagle Hospital, Jalan Ampang and admitted to the
emergency ward

· 'What happened to my daughter?' - the suspect also said 'sorry teacher, teacher
sorry, sorry teacher'.'I dont know why i did it’

· there was no sign that the victim was still alive - pronounced dead

· Police continued to go to the suspect's father's house and managed to arrest the
suspect there - The suspect was charged with murdering a victim under section
302 of the Penal Code

· There were about 20 stab wounds and 4 slash wounds using sharp weapons on the
victim's body - a stab from the back of the victim's body penetrated the
victim's heart

· The knife used by the suspect was found area of ​

the suspect's father's shop
house – the bucket in the bathroom in the suspect's father's shop used to soak
the suspect's clothes - traces of the suspect's blood were found in the bucket

9200880 SYAZATUL HUSNA BINTI MUHAMMAD HAII

 9200880 SYAZATUL HUSNA BINTI MUHAMMAD HAII

· the suspect's friend actually came to the teacher's house for tuition class – he
told his friend that the tuition class was not there that day - replace the class the
next day - just fabricating stories - the suspect wants to use this opportunity to kill
the victim - the suspect looked sweaty and the front of the suspect's shirt looked wet

· The suspect's confession used as evidence of the suspect's involvement in killing the
victim - 'A confession is an admission made at any time by a person accused of an
offense, stating or suggesting the inference that he committed the offense' (Section 17
(2) of the Evidence Act)

· the victim called the suspect repeatedly 'fatty' and 'stupid' - enlarged and reduced
the radio volume while with the suspect in the house - the suspect's feelings could
not be controlled cause the victim placed two knife blades in front of the suspect -
the suspect's ego began to be challenged and unexpectedly, the suspect got up and
acted to kill the victim
 Provocation from the victim
prompted the suspect to act - the
High Court judge rejected the
suspect cannot be hanged to death -
suspect's defense argument - 'just
because the accused person said he
had no intention of killing, did not
continue to make what was done
instead of killing'
Advocates argue why child
Points
12 years andthat
9 monthsrelated
old -
to judgements
offenders should be remanded in
custody under the Children Act
while the power to punish should
the suspect should be detained in
be given in court. A panel of judges
jail for as long as the Yang Di
Gopal Sri Ram, Zulkefli and Raus
Pertuan Agong allows
Sharif ruled that section 97 (2) of
the Children Act was invalid

In October 2007, a majority panel

The Federal Court set aside the
decision of the Court of Appeal
of Federal Court judges ruled the
sentence on the suspect was upheld.
The suspect was found guilty of
murder and ordered to be detained
under the YDPA
 9201232 FATIN IZYANI BINTI AHMAD SAFFAR

JUDGEMENT HELD

FEDERAL
HIGH COURT
COURT

COURT OF
APPEAL
 HIGH COURT OF MALAYA
ruled that all elements of
the murder had been
proven by the public
prosecuter
was convicted and ordered to
be detained during the
pleasure of the YDPA
believe there is no doubt the
suspect intends to kill the victim
the High Court judge
rejected the argument of
the suspect’s advocate
was charged for the offence
of murder punishable under
s. 302 of the Penal Code
 COURT OF APPEAL

upheld the conviction but set aside

released him from custody
the sentence imposed on him
 FEDERAL COURT

suspect was found guilty of

murder

overruled the decision of

ordered to be detained in
Court of Appeal
jail under the consent of
YDPA.
THANKS