[Timbalan (TPR), Jabatan Peguam Negara] NAVUKARASAN A/L RETHINASINGAM

[Timbalan (TPR), Jabatan Peguam Negara] NAVUKARASAN A/L RETHINASINGAM

On the evidence considered maximally and in light of the Court of Appeal remit, the prosecution proved all elements of murder under section 302 read with section 34: death caused by multiple blunt force trauma proved by post-mortem and medical evidence; injuries were of a kind ordinarily sufficient to cause death (s.300(c)); eyewitness testimony placed all three accused at the scene actively participating; defendants' alibi evidence was inconsistent or not credible and failed to raise reasonable doubt; accordingly defendants convicted and sentenced.

Citation
BA-45B-31-10/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ragunathan a/l Selvamani; Accused: Navukarasan a/l Rethinasingam; Accused: Sugumaran a/l Veejakumaran
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2025
Case Number
BA-45B-31-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal (murder) / Sentencing After Trial (defence Concluded)
Outcome
All three accused convicted of murder under section 302 Kanun Keseksaan read with section 34.
Legal Topics
Murder (section 302 Kanun Keseksaan), Common Intention (section 34 Kanun Keseksaan), Mens Rea, Prima Facie Test, Alibi Defence, Credibility of Witnesses, Sentencing Discretion After Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Criminal Procedure Forensic Evidence Murder (section 302 Kanun Keseksaan) Common Intention (section 34 Kanun Keseksaan) Mens Rea Prima Facie Test Alibi Defence +2 more

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Parties

Pendakwa Raya

Prosecution

Ragunathan a/l Selvamani

Accused

Navukarasan a/l Rethinasingam

Accused

Sugumaran a/l Veejakumaran

Accused

Procedural Posture

Criminal (murder) / Sentencing After Trial (defence Concluded)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under section 302 Kanun Keseksaan
  2. 2 Whether mens rea for murder established (including applicability of section 300(c))
  3. 3 Whether common intention under section 34 established

Ratio Decidendi

On the evidence considered maximally and in light of the Court of Appeal remit, the prosecution proved all elements of murder under section 302 read with section 34: death caused by multiple blunt force trauma proved by post-mortem and medical evidence; injuries were of a kind ordinarily sufficient to cause death (s.300(c)); eyewitness testimony placed all three accused at the scene actively participating; defendants' alibi evidence was inconsistent or not credible and failed to raise reasonable doubt; accordingly defendants convicted and sentenced.

Court Disposition

All three accused convicted of murder under section 302 Kanun Keseksaan read with section 34.

Orders

  • Each accused sentenced to 35 years imprisonment from date of arrest
  • Each accused sentenced to 12 strokes of the cane