PANIRSELVAM A/L SENASAMY

PANIRSELVAM A/L SENASAMY

Prosecution proved beyond reasonable doubt that the accused inflicted multiple severe slash wounds with a parang that caused fatal hemorrhage to the deceased and grievous injuries to the surviving victim; intention to inflict the proved injuries was inferable from the nature and extent of the attack and corroborated by CCTV and eyewitnesses; accused failed to rebut the prima facie case, therefore convicted under s302 and s326 and sentenced accordingly.

Citation
BL-45-4-12/2023 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Panirselvam a/l Senasamy; Victim (deceased): Muhammad Hafiz bin Abdullah; Victim (injured): Ng Hui Can
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 March 2026
Case Number
BL-45-4-12/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder and Grievous Hurt / Judgment and Sentencing
Outcome
Accused convicted of murder under section 302 Penal Code and grievous hurt under section 326 Penal Code; sentenced.
Legal Topics
Murder Under Section 302, Grievous Hurt Under Section 326, Prima Facie Test at Close of Prosecution, Intention (mens Rea) and Section 300(c), Sentencing Discretion Following Abolition of Mandatory Death Penalty
Source Language
Malay/English
Criminal Law Homicide Offences Against the Person Forensic Evidence Murder Under Section 302 Grievous Hurt Under Section 326 Prima Facie Test at Close of Prosecution Intention (mens Rea) and Section 300(c) +1 more

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Parties

Pendakwa Raya

Prosecution

Panirselvam a/l Senasamy

Accused

Muhammad Hafiz bin Abdullah

Victim (deceased)

Ng Hui Can

Victim (injured)

Procedural Posture

Criminal Murder and Grievous Hurt / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case for murder (s302) relying on s300(c)
  2. 2 Whether the accused intentionally inflicted the fatal injuries (mens rea)
  3. 3 Whether the accused caused grievous hurt to the surviving victim under s326

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the accused inflicted multiple severe slash wounds with a parang that caused fatal hemorrhage to the deceased and grievous injuries to the surviving victim; intention to inflict the proved injuries was inferable from the nature and extent of the attack and corroborated by CCTV and eyewitnesses; accused failed to rebut the prima facie case, therefore convicted under s302 and s326 and sentenced accordingly.

Court Disposition

Accused convicted of murder under section 302 Penal Code and grievous hurt under section 326 Penal Code; sentenced.

Orders

  • BL-45B-8-10/2023: Sentence of 35 years imprisonment from date of arrest and 12 strokes of the cane for murder (to run concurrently with other sentence)
  • BL-45-4-12/2023: Sentence of 15 years imprisonment from date of arrest for grievous hurt (to run concurrently)