[ ] Paramasivam A/l Ravintharan

[ ] Paramasivam A/l Ravintharan

The prosecution failed to prove beyond reasonable doubt that the accused intentionally inflicted injuries amounting to murder; independent eyewitness DW2 and the totality of evidence (damage to electric post, Puspakom report, braking/steering defects, investigative gaps, accused's immediate conduct and police report) raised reasonable doubt as to mens rea. Under section 167 CPC the court substituted conviction to dangerous driving causing death under section 41(1) Road Transport Act 1987 and imposed sentence accordingly.

Citation
AB-45B-1-05/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Paramasivam A/l Ravintharan (IC No: 931214-06-6087)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 August 2021
Case Number
AB-45B-1-05/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Originally Charged With Murder Under Section 302 Penal Code; Substituted Conviction for Dangerous Driving Under Section 41(1) RTA / Trial Defence Stage (partly Heard; Continued Before a New Judge)
Outcome
Accused acquitted of murder under section 302 Penal Code; convicted of dangerous driving causing death under section 41(1) Road Transport Act 1987 pursuant to section 167 CPC.
Legal Topics
Murder, Dangerous Driving Causing Death, Recall of Witnesses, Part Heard Trial, Fair Trial, Conviction for Uncharged/lesser Offence, Sentence
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Criminal Procedure Murder Dangerous Driving Causing Death Recall of Witnesses Part Heard Trial +3 more

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Parties

Public Prosecutor

Prosecutor

Paramasivam A/l Ravintharan (IC No: 931214-06-6087)

Accused

Procedural Posture

Criminal Originally Charged With Murder Under Section 302 Penal Code; Substituted Conviction for Dangerous Driving Under Section 41(1) RTA / Trial Defence Stage (partly Heard; Continued Before a New Judge)

Legal Issues

  1. 1 Whether trial should continue before succeeding judge or be reheard de novo
  2. 2 Whether defence may recall prosecution witnesses before the accused testifies
  3. 3 Whether prosecution proved mens rea for murder beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused intentionally inflicted injuries amounting to murder; independent eyewitness DW2 and the totality of evidence (damage to electric post, Puspakom report, braking/steering defects, investigative gaps, accused's immediate conduct and police report) raised reasonable doubt as to mens rea. Under section 167 CPC the court substituted conviction to dangerous driving causing death under section 41(1) Road Transport Act 1987 and imposed sentence accordingly.

Court Disposition

Accused acquitted of murder under section 302 Penal Code; convicted of dangerous driving causing death under section 41(1) Road Transport Act 1987 pursuant to section 167 CPC.

Orders

  • Convicted under section 41(1) Road Transport Act 1987
  • Sentenced to 7 years imprisonment, sentence to take effect from date of arrest 13/9/2017