[ ] THINES WARAN A/L THAMIL VANAN

[ ] THINES WARAN A/L THAMIL VANAN

Medical evidence established blunt force trauma causing diffuse axonal injury and brainstem hemorrhages that were sufficient in the ordinary course of nature to cause death; multiple independent eyewitnesses placed the accused inflicting those injuries; defence account failed to raise reasonable doubt; therefore elements of section 300(c) were satisfied and accused convicted for murder under section 302 Penal Code and sentenced to mandatory death.

Citation
JA-45B-4-03/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Thines Waran a/l Thamil Vanan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 September 2022
Case Number
JA-45B-4-03/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Murder / Judgment and Sentencing
Outcome
Accused found guilty of murder under section 302 of the Penal Code and convicted
Legal Topics
Murder, Section 300(c) Penal Code, Section 302 Penal Code, Prima Facie Case, Credibility of Eyewitnesses, Post Mortem Evidence, Mandatory Death Sentence
Source Language
Malay/English
Criminal Law Murder Section 300(c) Penal Code Section 302 Penal Code Prima Facie Case Credibility of Eyewitnesses Post Mortem Evidence Mandatory Death Sentence

Case Brief

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Parties

Pendakwa Raya

Prosecution

Thines Waran a/l Thamil Vanan

Accused

Procedural Posture

Criminal Trial Murder / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved murder under section 300(c) Penal Code
  2. 2 Whether accused caused injuries sufficient in ordinary course of nature to cause death
  3. 3 Whether eyewitness evidence was credible and whether defence raised reasonable doubt

Ratio Decidendi

Medical evidence established blunt force trauma causing diffuse axonal injury and brainstem hemorrhages that were sufficient in the ordinary course of nature to cause death; multiple independent eyewitnesses placed the accused inflicting those injuries; defence account failed to raise reasonable doubt; therefore elements of section 300(c) were satisfied and accused convicted for murder under section 302 Penal Code and sentenced to mandatory death.

Court Disposition

Accused found guilty of murder under section 302 of the Penal Code and convicted

Orders

  • Convicted under section 302 Penal Code
  • Sentence: death by hanging (mandatory)