[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI

Prosecution failed to establish a prima facie case for murder under section 302 because mens rea required by section 300(c) (intention to cause bodily injury sufficient in the ordinary course of nature to cause death) was not proved by adequate specific evidence; however the evidence did establish a prima facie case for culpable homicide not amounting to murder under section 304(a). The court therefore validly amended the charge under section 158 CPC to s304(a), called the accused to enter their defence, and properly stayed defence proceedings pending resolution of prosecution's appeals to prevent the appeal becoming nugatory.

Citation
BA-45B-22-04/2021 (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-22-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Homicide / End of Prosecution; Charge Amended and Accused Called to Enter Defence; Defence Proceedings Stayed Pending Appeal
Outcome
Original murder charge under section 302 not established; charge amended to section 304(a) Penal Code; accused called to enter defence; defence proceedings stayed pending disposal of prosecution's appeals.
Legal Topics
Murder (s302), Culpable Homicide Not Amounting to Murder (s304(a)), Common Intention (s34), Charge Amendment (s158 Cpc), Stay of Proceedings Pending Appeal
Source Language
Malay/English
Criminal Law Criminal Procedure Forensic Evidence Murder (s302) Culpable Homicide Not Amounting to Murder (s304(a)) Common Intention (s34) Charge Amendment (s158 Cpc) Stay of Proceedings Pending Appeal

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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 / End of Prosecution; Charge Amended and Accused Called to Enter Defence; Defence Proceedings Stayed Pending Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for murder under section 302 Penal Code
  2. 2 Whether evidence supported an alternative prima facie case under section 304(a) Penal Code
  3. 3 Whether mens rea (intention/knowledge) required for murder under section 300 was established

Ratio Decidendi

Prosecution failed to establish a prima facie case for murder under section 302 because mens rea required by section 300(c) (intention to cause bodily injury sufficient in the ordinary course of nature to cause death) was not proved by adequate specific evidence; however the evidence did establish a prima facie case for culpable homicide not amounting to murder under section 304(a). The court therefore validly amended the charge under section 158 CPC to s304(a), called the accused to enter their defence, and properly stayed defence proceedings pending resolution of prosecution's appeals to prevent the appeal becoming nugatory.

Court Disposition

Original murder charge under section 302 not established; charge amended to section 304(a) Penal Code; accused called to enter defence; defence proceedings stayed pending disposal of prosecution's appeals.

Orders

  • Charge amended under Criminal Procedure Code s158 to section 304(a) Penal Code
  • Accused called to enter defence on amended charge (proceedings deferred)