JUDGMENT
Introduction
[1] This case concerns a murder charge under s 302 of the Penal Code ('PC') against Muhammad Khairuanuar bin Baharuddin ('the respondent') for murdering a child aged 2 years and 2 months old, Hanis Amanda binti Mohd Zafil ('the deceased'). The alleged offence occurred on 6 November 2015 at house No F-03, Lojing Heights 1, Jalan 1/27C, Seksyen 5, Wangsa Maju, in Wilayah Persekutuan Kuala Lumpur.
[2] The respondent was convicted by the High Court of the murder charge and was sentenced to death. However, on appeal to the Court of Appeal, the conviction under s 302 of the PC was substituted with a conviction of culpable homicide not amounting to murder under s 304(b) of the same Code. The respondent was then sentenced to 10 years' imprisonment from the date of arrest on 9 January 2018.
[3] Aggrieved with the decision of the Court of Appeal, the Public Prosecutor ('the appellant') appealed to this court against the substitution of the conviction from a conviction for an offence under s 302 of the PC to an offence under s 304(b) of the Code. The respondent also appealed against the Court of Appeal's decision for an acquittal and discharge of the said charge against the respondent.
The Case For The Prosecution
[4] The prosecution in this case, like in many other murder cases, relied on circumstantial evidence to establish its case beyond a reasonable doubt. The circumstantial evidence adduced and relied upon by the prosecution can be summarized as follows.
[5] The deceased, Hanis Amanda bin Mohd Zafil, was born on 13 August 2013 and at the age of 2 years and 2 months, at the material time of the unfortunate incident. She was the daughter of Farah Adiba binti Md Othman (PW7) and Mohd Zafil bin Ibrahim (PW1) who were married in 2011 but were divorced in August 2014. They have another daughter named Fatin Hanisa who was born in 2011. On 6 May 2015, PW7 married the respondent. PW1 married Tengku Aishah binti Tengku Nong Idris (PW2) after his divorce from PW7.