[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

Court found prosecution proved identity of deceased, cause of death by multiple blunt force trauma, and that injuries were inflicted by the accused as narrated by credible eyewitness PW16; common intention under section 34 was established by concerted acts and conduct at scene; alibi defences of several accused were inadmissible for non-compliance with s402A; on the whole prosecution proved guilt beyond reasonable doubt, warranting conviction for murder and mandatory death sentence under section 302.

Citation
WA-45B-26-02/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Khantan a/l Namasivayam; Accused: Logan a/l Namasivayam; Accused: Vikneswaran a/l Kalimuthu; Accused: Nagarajan a/l Alagasan; Accused: Dineswaran a/l Sivalingam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2022
Case Number
WA-45B-26-02/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment and Sentencing (conviction)
Outcome
1st, 2nd, 3rd, 4th and 5th accused convicted of murder under section 302 read with section 34 Penal Code
Legal Topics
Murder, Common Intention (s34 Penal Code), Section 300(c) Penal Code, Alibi Notice (s402 a Cpc), Evidence Admissibility, Witness Credibility
Source Language
Malay/English
Criminal Law Forensic Evidence Procedural Law Murder Common Intention (s34 Penal Code) Section 300(c) Penal Code Alibi Notice (s402 a Cpc) Evidence Admissibility +1 more

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Parties

Public Prosecutor

Prosecution

Khantan a/l Namasivayam

Accused

Logan a/l Namasivayam

Accused

Vikneswaran a/l Kalimuthu

Accused

Nagarajan a/l Alagasan

Accused

Dineswaran a/l Sivalingam

Accused

Procedural Posture

Criminal Trial / Judgment and Sentencing (conviction)

Legal Issues

  1. 1 Identity of deceased
  2. 2 Causation of death (blunt force trauma)
  3. 3 Whether accused inflicted fatal injuries

Ratio Decidendi

Court found prosecution proved identity of deceased, cause of death by multiple blunt force trauma, and that injuries were inflicted by the accused as narrated by credible eyewitness PW16; common intention under section 34 was established by concerted acts and conduct at scene; alibi defences of several accused were inadmissible for non-compliance with s402A; on the whole prosecution proved guilt beyond reasonable doubt, warranting conviction for murder and mandatory death sentence under section 302.

Court Disposition

1st, 2nd, 3rd, 4th and 5th accused convicted of murder under section 302 read with section 34 Penal Code

Orders

  • Convicted of murder under section 302 read with section 34 of the Penal Code
  • Sentence: Death by hanging for each accused (to be hanged by the neck until dead)