Sunny Ang v PP – Circumstances Evidence

        Circumstances Evidence may be defined as any fact from the existence of which the judge may infer the existence of a fact in issue. It is not the evidence direct to the point of issue, but evidence of various facts other than facts in issue which are so connected with the facts in issue that taken together they form a chain of circumstances leading to an inference or presumption of the principle fact.

       In the case of Sunny Ang v PP [1967] 2 MLJ 195, The appellant was charged and convicted of the murder of his girlfriend despite the fact that the body of the deceased was never discovered. The facts adduced by the prosecution were so compelling that the court reached the irresistible conclusion that the appellant had murdered the deceased.

Fact of the case:

- August 1963, the offence was committed about 5pm at sea near 2 island called 

  Pulau Dua which known as the Sister islands.

- The appellant had hired a sampan from a boatman called Yusof and on his 

  directions Yusof had taken both the appellant and Jenny (victim) to a place 

  between the two islands where he dropped anchor.

- Appellant stated that they went there was to collect corals and Jenny was to assist   

  him in doing so.

- Appellant assisted Jenny to put on the diving equipment which had been brought 

  in the sampan and allowed her, a novice diver, to go down alone, wearing a  

  flipper which had previously been cut, into water which he know were 

  dangerous and hazardous with the result that she meet her death.   

    

In this case, the circumstantial evidences can be strong enough to secure a guilty charge.  I would say there is a motive preparation and previous or subsequent conduct under Section 8 of Evidence Act 1950.

Firstly, the appellant has the motive to murder his lover in order to get the insurance’s money. Motive is that which induces a person to do a particular act. In this case, the appellant had been made a bankrupt in October 1962 and was still a bankrupt on 27 August 1963, being the day on which the offence was alleged to have been committed. He was in need of money and that could be a motive for the crime. On 27 August 1963, Jenny was insured against accidents with several insurance companies, the total sum being $450,000. Thus, we can see all these caused appellant has the motive to murder Jenny in order to get the money.

Secondly, the appellant had shows his preparation in this case.  Preparation is a preliminary act which leads to the commission of the offence.  Why there is a preparation exists? The reasons are below:

(a)    On 27 August 1963 the appellant allowed Jenny to go down into the water near 

         Pulau Dua alone. According to an expert witness, it was not safe for a novice 

         to scuba dive alone.

(b)   Jenny had only a little experience of what is called scuba diving and might 

        fairly be described as s novice scuba diver. This was known to the appellant, 

        although he claimed that she had made good progress under his tuition.

(c)    The waters near Pulau Dua were dangerous and hazardous. The appellant had 

        dived in these waters on previous occasions and was in a position to know 

         this.

(d)   The heel strap was severed and on examination it was found that the strap had 

        been cut in 2 places by knife or sharp instrument.

The 4 points above showing that appellant had made a preparation on murdering Jenny. He knew that the water near Pulau Dua was dangerous and it surely will endanger the safety of Jenny. He still insisted to let her do into water alone. And the most important part that the flipper has been cut by knife or sharp instrument. So, these can shown the preparations of Sunny, who wanted her lover dead.

Lastly, is the fact which shows the previous or subsequent conduct. In this case, the appellant made formal claims in the 3 insurance companies which had issued policies covering her against accidents within less than 24 hours after the disappearance of Jenny. This can be assured the court that the appellant’s guilty of murder. Besides that, the conduct of the appellant was described by the Yusof was lack of urgency.

In conclusion, I agree with the court that all these circumstances evidences can concluded that Sunny had the motive to murder his lover and he did that just for the money.