1. ) SANDANATHEVAN A/L TAMIL SELVAN 2. ) HENG LEE MUN

1. ) SANDANATHEVAN A/L TAMIL SELVAN 2. ) HENG LEE MUN

The court found prosecution proved the elements of s.394 Penal Code: the victim was assaulted and robbed during a group attack; in‑court identification corroborated by an identification parade, medical evidence and a video established participation of the accused in the group assault; under s.394 group liability applies so detailed proof of each participant’s specific act was unnecessary. Defence alibi and interested witness testimony were not credible or sufficient to raise reasonable doubt. Accordingly the accused were convicted and sentenced.

Citation
BA-62RS-10-04/2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused 1: Sandanathevan a/l Tamil Selvan; Accused 2: Heng Lee Mun
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 March 2025
Case Number
BA-62RS-10-04/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery With Hurt (section 394 Penal Code) / Trial Judgment and Sentencing
Outcome
Sandanathevan a/l Tamil Selvan and Heng Lee Mun convicted under s.394 Penal Code; each sentenced to 10 years imprisonment and 3 strokes; bail returned and exhibits delivered to prosecution for disposal.
Legal Topics
Robbery, Group Liability, Identification Parade, Prima Facie Evidence, Alibi, Sentencing, Medical Evidence, Video Evidence
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Robbery Group Liability Identification Parade Prima Facie Evidence Alibi +3 more

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Parties

PENDAKWA RAYA

Prosecution

Sandanathevan a/l Tamil Selvan

Accused 1

Heng Lee Mun

Accused 2

Procedural Posture

Criminal Robbery With Hurt (section 394 Penal Code) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether a prima facie case under s.394 Penal Code was established against the accused
  2. 2 Whether identification of the accused was reliable and corroborated
  3. 3 Whether prosecution must prove the specific role of each participant in a group robbery

Ratio Decidendi

The court found prosecution proved the elements of s.394 Penal Code: the victim was assaulted and robbed during a group attack; in‑court identification corroborated by an identification parade, medical evidence and a video established participation of the accused in the group assault; under s.394 group liability applies so detailed proof of each participant’s specific act was unnecessary. Defence alibi and interested witness testimony were not credible or sufficient to raise reasonable doubt. Accordingly the accused were convicted and sentenced.

Court Disposition

Sandanathevan a/l Tamil Selvan and Heng Lee Mun convicted under s.394 Penal Code; each sentenced to 10 years imprisonment and 3 strokes; bail returned and exhibits delivered to prosecution for disposal.

Orders

  • Exhibits handed to the prosecution to be disposed of according to their discretion