[ ] 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, causation (post-mortem: severe head injuries from blunt force), and that injuries were inflicted by the accused as narrated by credible eyewitness PW16; the bodily injuries were sufficient in the ordinary course to cause death satisfying s300(c); evidence of joint and concerted acts and failure to prevent lethal conduct established common intention under s34; alibi defences of several accused were inadmissible for failure to comply with s402A CPC; on that basis prosecution proved guilt beyond reasonable doubt and conviction under s302 read with s34 was justified.

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 Murder (section 302 Penal Code) / Judgment Conviction and Sentencing
Outcome
Convicted and sentenced to death
Legal Topics
Murder, Common Intention, Culpable Homicide S300(c), Section 302 Penal Code, Section 34 Penal Code, Alibi Notice S402 a CPC, Evidence and Witness Credibility, Forensic Audio Video Evidence
Source Language
Malay/English
Criminal Law Penal Code Murder Common Intention Culpable Homicide S300(c) Section 302 Penal Code Section 34 Penal Code Alibi Notice S402 a CPC +2 more

Case Brief

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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 Murder (section 302 Penal Code) / Judgment Conviction and Sentencing

Legal Issues

  1. 1 Identity of deceased
  2. 2 Causation between injuries and death
  3. 3 Whether injuries were inflicted by accused

Ratio Decidendi

Court found prosecution proved identity, causation (post-mortem: severe head injuries from blunt force), and that injuries were inflicted by the accused as narrated by credible eyewitness PW16; the bodily injuries were sufficient in the ordinary course to cause death satisfying s300(c); evidence of joint and concerted acts and failure to prevent lethal conduct established common intention under s34; alibi defences of several accused were inadmissible for failure to comply with s402A CPC; on that basis prosecution proved guilt beyond reasonable doubt and conviction under s302 read with s34 was justified.

Court Disposition

Convicted and sentenced to death

Orders

  • Convicted of murder under section 302 read with section 34 Penal Code
  • Sentenced to death by hanging (mandatory)