[ ] Sathiaraj A/l Kundaiah

[ ] Sathiaraj A/l Kundaiah

Objective evidence (post‑mortem showing suffocation, multiple bruises and restraint; fingerprints and CCTV placing accused at scene; DNA linking accused to sexual contact; accused's conduct in gagging, binding, raping and then pawning victim's chain) established that the accused intentionally inflicted injuries which were, in the ordinary course of nature, sufficient to cause death under s.300(c). The intoxication defence failed as it was not proved to meet s.85 requirements. Prosecution proved guilt beyond reasonable doubt; conviction for murder (s.302) and death sentence follows.

Citation
BA-45B-12-06/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: SATHIARAJ A/L KUNDAIAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 August 2022
Case Number
BA-45B-12-06/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Murder / Conviction and Sentencing (judgment)
Outcome
Accused convicted of murder (section 302 Penal Code)
Legal Topics
Murder (s.300(c) and S.302 Penal Code), Prima Facie Test (s.180 Cpc), DNA Evidence, Fingerprint Evidence, Intoxication Defence (s.85 Penal Code), Suffocation/asphyxia, Sexual Assault (s.376/377 Penal Code)
Source Language
Malay/English
Criminal Law Forensic Pathology Evidence Law Sexual Offences Murder (s.300(c) and S.302 Penal Code) Prima Facie Test (s.180 Cpc) DNA Evidence Fingerprint Evidence +3 more

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Parties

PENDAKWA RAYA

Prosecution

SATHIARAJ A/L KUNDAIAH

Accused

Procedural Posture

Criminal Trial Murder / Conviction and Sentencing (judgment)

Legal Issues

  1. 1 Whether the deceased died and cause of death
  2. 2 Whether the injuries were inflicted by the accused
  3. 3 Whether the injuries satisfied s.300(c) Penal Code (sufficient in ordinary course to cause death)

Ratio Decidendi

Objective evidence (post‑mortem showing suffocation, multiple bruises and restraint; fingerprints and CCTV placing accused at scene; DNA linking accused to sexual contact; accused's conduct in gagging, binding, raping and then pawning victim's chain) established that the accused intentionally inflicted injuries which were, in the ordinary course of nature, sufficient to cause death under s.300(c). The intoxication defence failed as it was not proved to meet s.85 requirements. Prosecution proved guilt beyond reasonable doubt; conviction for murder (s.302) and death sentence follows.

Court Disposition

Accused convicted of murder (section 302 Penal Code)

Orders

  • Accused found guilty of murder under section 302 Penal Code
  • Sentence: death (to be executed in accordance with law)