[ ] 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

The court held that prosecution proved identity, causation and that injuries causing death were inflicted by the accused as established by credible eyewitness PW16 corroborated by recovered video and post-mortem; the injuries met the threshold of s300(c); common intention under s34 was established by the conduct of all accused; alibi defences of four accused were inadmissible for failure to give s402A notice and the 4th accused's account was found improbable; accordingly all five were convicted of murder and sentenced to death.

Citation
WA-45B-26-02/2018 (Mahkamah Tinggi)
Parties
Prosecutor: 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) / Trial Judgment and Sentencing
Outcome
Convicted of murder under section 302 read with section 34 Penal Code; sentenced to death
Legal Topics
Murder S300(c), Common Intention S34, Alibi Notice S402 a CPC, Forensic Evidence, Witness Credibility, Sentencing Mandatory Death
Source Language
Malay/English
Criminal Law Homicide Evidence Murder S300(c) Common Intention S34 Alibi Notice S402 a CPC Forensic Evidence Witness Credibility +1 more

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Parties

Public Prosecutor

Prosecutor

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) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Identity of deceased
  2. 2 Causation: whether injuries caused death
  3. 3 Whether accused inflicted the injuries

Ratio Decidendi

The court held that prosecution proved identity, causation and that injuries causing death were inflicted by the accused as established by credible eyewitness PW16 corroborated by recovered video and post-mortem; the injuries met the threshold of s300(c); common intention under s34 was established by the conduct of all accused; alibi defences of four accused were inadmissible for failure to give s402A notice and the 4th accused's account was found improbable; accordingly all five were convicted of murder and sentenced to death.

Court Disposition

Convicted of murder under section 302 read with section 34 Penal Code; sentenced to death

Orders

  • Sentence each of the 1st–5th accused to death by hanging as mandated under section 302 Penal Code