In the case of Sunny Ang v Public Prosecutor, the appellant was charged with the murder of his girlfriend, Jenny, based on compelling circumstantial evidence. The evidence included motives related to financial gain from Jenny's life insurance, dangerous preparations made by the appellant, and suspicious conduct following her disappearance. The court concluded that despite Jenny's body never being found, the totality of the circumstantial evidence was sufficient to convict Sunny Ang of murder.

1. SUNNY ANG v PUBLIC PROSECUTOR
[1966] 2 MLJ 195
Ikram Abdul Sattar
1124977

2. Sunny Ang v PP [1967] 2 MLJ 195
• Sunny Ang, the appellant was charged and
convicted of the murder of his girlfriend Jenny.
• The facts adduced by the prosecution were so
compelling that the court reached the irresistible
conclusion that the appellant had murdered the
deceased.
• The court in this case, totally relied on
circumstantial evidence.
• This case demonstrates the application of
circumstantial evidences stated in S. 8 of
Evidence Act 1950 .

3. Fact of the case:
• On 27th August 1963, the offence was committed about 5pm
at sea near 2 island called Pulau Dua which known as the
Sister islands.
• The appellant 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.
• The appellant stated that his object in going there was to
collect corals and that Jenny was to assist him in doing so.
• Appellant assisted Jenny to put on the diving equipment
and allowed her, a novice diver wearing a flipper which had
previously been cut, into water which he know were
hazardous which resulted the death of the deceased.

4. Application of S.8 of Evidence Act 1950
• Principle and scope of section 8
• The facts admissible under this section can be classified under
three headings namely motive, preparation, and conduct.
1- Motive
• Motive is the reason why a person does a particular act.
• Illustration (b) provides:
A sues B upon a bond for the payment of money. B denies the
making of the bond.
The fact that at the time when the bond was alleged to be
made B required money for a particular purpose is relevant.

5. • Is there a motive:
1- In this case, the appellant had been made a bankrupt
in October 1962 and was still a bankrupt on 27 August
1963, the day on which the offence was committed.
• Since appellant was a bankrupt and in need of money
might be the motive for committing the crime.
• On 27 August 1963, Jenny was insured against
accidents with several insurance companies, the total
sum being $450,000.
• The beneficiary named in some of the policies was the
appellant's mother. In the case of the other policies the
benefit was to go to Jenny's estate.

6. • Jenny, who was 22 years of age made a will on
the 7th August 1963 in which the appellant's
mother was named as the sole beneficiary. The
appellant accompanied Jenny to the solicitor's
office when instructions for the preparation of
the will were given to the solicitor.
Preparations by the Appellant:
• Preparation is a preliminary act which leads to
the commission of the offence. Is there any
preparation by the appellant?

7. • (a) On 27 August 1963 the appellant allowed Jenny
to go down into the water near Pulau Dua. According
to an expert witness, it was not safe for a novice to
dive alone.
• (b) Jenny had only a little experience of scuba diving
and might fairly be described as s novice 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.

8. • (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 shows that appellant had
prepared before attempting to commit the offence.
• He knew that the water near Pulau Dua was
dangerous and it surely will endanger the life of
Jenny.
• Both from the top and on the heel the flipper has
been cut by knife or sharp instrument. These facts
clearly show that there was preparations on the part
appellant.

9. Previous or subsequent conduct.
• One of the insurance policies under which
Jenny was insured for the sum of $150,000
had lapsed on the 26th August 1963 but was
renewed by the appellant on the morning of
the 27th August 1963 for another five days.
The appellant, however, did not renew or
extend his own insurance policy which had
been taken out at the same time.

10. • The conduct of the appellant after the
disappearance of Jenny was described by
Yusof and other witnesses that there was a
lack of urgency in the conduct of the appellant
at the relevant time.
• The appellant did not go down into the water
himself even after Jenny had failed to come to
the surface.
• Less than 24 hours after the disappearance of
Jenny, the appellant made formal claims on
the three insurance companies which had
issued policies covering her against accidents.

11. • The court in this case, had totally relied on
circumstantial evidence.
• The cumulative effect of all the evidence were
so compelling that the court reached the
irresistible conclusion that the appellant had
murdered the deceased.
• It was held that “although Jenny's body has
never been found, there is overwhelming
evidence on the record that the appellant
murdered her.”