PENDAKWARAYA Pendakwaraya NAGENDRAN A/L RAMAN

PENDAKWARAYA Pendakwaraya NAGENDRAN A/L RAMAN

The court concluded the prosecution discharged its burden beyond reasonable doubt: victim positively identified the accused at close range and again at an identification parade; medical evidence established grievous and permanent injuries consistent with a sharp instrument; DNA linked the accused to material recovered from scene; the weapon was recovered as a direct result of information attributable to the accused and admissible under s27; the defence offered only a bare, unsubstantiated alibi without notice or supporting witnesses, attracting adverse inference under s114(g). Therefore the accused was guilty of robbery causing grievous hurt under s394 read with s397 and was convicted and...

Citation
62RS-09-06/2019 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Accused: NAGENDRAN A/L RAMAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 September 2021
Case Number
62RS-09-06/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery Causing Grievous Hurt (s394 Read With S397 Penal Code) / Trial Judgment and Sentencing
Outcome
Accused convicted of robbery causing grievous hurt under Section 394 read with Section 397 Penal Code
Legal Topics
Robbery Under Section 394/397 Penal Code, DNA Evidence, Section 27 Evidence Act (leading to Discovery), Section 114(g) Adverse Inference, Prima Facie Test at Close of Prosecution, Alibi and Identification Parade
Source Language
Malay/English
Criminal Law Evidence Law Forensic Evidence Criminal Procedure Robbery Under Section 394/397 Penal Code DNA Evidence Section 27 Evidence Act (leading to Discovery) Section 114(g) Adverse Inference +2 more

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Parties

PENDAKWARAYA

Prosecution

NAGENDRAN A/L RAMAN

Accused

Procedural Posture

Criminal Robbery Causing Grievous Hurt (s394 Read With S397 Penal Code) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused committed robbery causing grievous hurt contrary to Section 394 read with Section 397 Penal Code
  2. 2 Whether prosecution proved a prima facie case warranting accused to be called on his defence
  3. 3 Admissibility and weight of information leading to discovery under Section 27 Evidence Act

Ratio Decidendi

The court concluded the prosecution discharged its burden beyond reasonable doubt: victim positively identified the accused at close range and again at an identification parade; medical evidence established grievous and permanent injuries consistent with a sharp instrument; DNA linked the accused to material recovered from scene; the weapon was recovered as a direct result of information attributable to the accused and admissible under s27; the defence offered only a bare, unsubstantiated alibi without notice or supporting witnesses, attracting adverse inference under s114(g). Therefore the accused was guilty of robbery causing grievous hurt under s394 read with s397 and was convicted and...

Court Disposition

Accused convicted of robbery causing grievous hurt under Section 394 read with Section 397 Penal Code

Orders

  • Accused sentenced to 18 years imprisonment and six strokes of the rotan
  • Imprisonment term to commence upon completion of existing sentence in case no AQ-83RS-1-03/2021 (current 13 months term)