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

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

The prosecution failed to establish a prima facie case for murder under s302 because mens rea under s300(c) could not be inferred from the evidence; however the evidence was sufficient to establish a prima facie case for culpable homicide not amounting to murder under s304(a). Accordingly the charge was amended to s304(a) under s158 CrPC, the accused were called to defend, and the court granted a stay of defence proceedings pending disposal of the prosecution's appeal to prevent rendering that appeal nugatory.

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
27 October 2023
Case Number
BA-45B-31-10/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Homicide (murder/culpable Homicide) / Post Prosecution: Charge Amended From S302 to S304(a); Defendants Called to Defend; Defence Proceedings Stayed Pending Prosecution Appeal
Outcome
Original murder charge (s302) not supported; charge amended to s304(a) Penal Code; accused called to defend; defence proceedings stayed pending prosecution appeal.
Legal Topics
Murder (section 302 Penal Code), Culpable Homicide Not Amounting to Murder (section 304(a) Penal Code), Common Intention (section 34 Penal Code), Amendment of Charge (s158 Criminal Procedure Code), Judicial Duty at Close of Prosecution (s180 Criminal Procedure Code), Stay/adjournment of Proceedings Pending Appeal
Source Language
Malay/English
Criminal Law Evidence Procedural Law Murder (section 302 Penal Code) Culpable Homicide Not Amounting to Murder (section 304(a) Penal Code) Common Intention (section 34 Penal Code) Amendment of Charge (s158 Criminal Procedure Code) Judicial Duty at Close of Prosecution (s180 Criminal Procedure Code) +1 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 Homicide (murder/culpable Homicide) / Post Prosecution: Charge Amended From S302 to S304(a); Defendants Called to Defend; Defence Proceedings Stayed Pending Prosecution Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for murder under s302 Penal Code
  2. 2 Whether mens rea required by s300(c) Penal Code (intention to cause bodily injury sufficient in ordinary course to cause death) was established
  3. 3 Whether evidence supports amendment of charge to s304(a) Penal Code under s158 Criminal Procedure Code

Ratio Decidendi

The prosecution failed to establish a prima facie case for murder under s302 because mens rea under s300(c) could not be inferred from the evidence; however the evidence was sufficient to establish a prima facie case for culpable homicide not amounting to murder under s304(a). Accordingly the charge was amended to s304(a) under s158 CrPC, the accused were called to defend, and the court granted a stay of defence proceedings pending disposal of the prosecution's appeal to prevent rendering that appeal nugatory.

Court Disposition

Original murder charge (s302) not supported; charge amended to s304(a) Penal Code; accused called to defend; defence proceedings stayed pending prosecution appeal.

Orders

  • Charge against accused amended from section 302 Penal Code to section 304(a) Penal Code under s158 Criminal Procedure Code
  • Accused called upon to enter defence on the amended charge under section 304(a) Penal Code