PENDAKWARAYA Pendakwaraya Thures A/L Veeraragi

PENDAKWARAYA Pendakwaraya Thures A/L Veeraragi

The court found the prosecution proved beyond reasonable doubt (1) both victims suffered grievous hurt as supported by consistent medical and surgical evidence, (2) the injuries were caused by the accused as established by credible eyewitness identification and investigation, and (3) the parang was linked to the accused by information leading to its discovery admissible under section 27; the accused's alibi was unproved and dismissed, therefore guilty on both counts under section 326 Penal Code.

Citation
62-01-02/2019 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWARAYA; Accused: THURES A/L VEERARAGI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 March 2021
Case Number
62-01-02/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Accused convicted on both charges under Section 326 Penal Code.
Legal Topics
Grievous Hurt, Section 326 Penal Code, Prima Facie Test, Leading to Discovery (section 27), Alibi, Sentencing
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Grievous Hurt Section 326 Penal Code Prima Facie Test Leading to Discovery (section 27) Alibi +1 more

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Parties

PENDAKWARAYA

Prosecutor

THURES A/L VEERARAGI

Accused

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved that the victims suffered grievous hurt
  2. 2 Whether the grievous hurt was caused by the accused
  3. 3 Whether the injuries were caused by a weapon capable of causing death and whether the parang found was admissible under section 27 Evidence Act

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt (1) both victims suffered grievous hurt as supported by consistent medical and surgical evidence, (2) the injuries were caused by the accused as established by credible eyewitness identification and investigation, and (3) the parang was linked to the accused by information leading to its discovery admissible under section 27; the accused's alibi was unproved and dismissed, therefore guilty on both counts under section 326 Penal Code.

Court Disposition

Accused convicted on both charges under Section 326 Penal Code.

Orders

  • Convicted on both counts under Section 326 of the Penal Code.
  • Sentenced to 12 years imprisonment and 4 strokes of whipping for each count; sentences to run concurrently.