[1] This appeal revolves around a tragic event which culminated in the separation by death of a couple who had been together for 35 years. That fateful day was 26 November 2016. A 61 year old American woman, Guilda Mickelson ("the deceased"), was found dead in a hotel room in Kuala Lumpur. Her death was reported by her ex-husband, 61 year old American, Mickelson Gerald Wayne ("the appellant"). The appellant was in the same hotel room at the time of her death. He claimed that he had killed the deceased in self-defence. The appellant was, however, arrested and charged with her murder under s 302 ("s 302") of the Penal Code ("PC").
[2] The appellant claimed trial at the High Court, Kuala Lumpur. At the end of the trial, the learned trial Judge found the appellant guilty of the offence of murder under s 302 PC. He was convicted and sentenced to death. He was unsuccessful in his appeal to the Court of Appeal. The Court dismissed his appeal and affirmed the conviction and sentence passed by the High Court.
[3] The appellant then filed this appeal. The appeal was heard on 14 July 2021. At the conclusion of submissions, we unanimously allowed the appeal. We set aside the conviction and sentence under s 302 PC and substituted it with a conviction under s 304(b) PC. After considering the plea in mitigation, we sentenced the appellant to seven years' imprisonment with effect from the date of arrest. Our reasons for doing so now follow. This will form the judgment of the Court.
The Salient Facts
[4] The salient facts leading to the conviction of the appellant can be gathered from the judgments of the Courts below and the record of proceedings. The appellant and the deceased were American citizens. They were formerly husband and wife. The appellant was working for Ericson Malaysia.