1. Krishnan a/l Kandasamy 2. Shanmugammuthaliar a/p V. Sivalinggam 3. Krishnan a/l Kalimuthu 4. Sathesvaran a/l Raman

1. Krishnan a/l Kandasamy 2. Shanmugammuthaliar a/p V. Sivalinggam 3. Krishnan a/l Kalimuthu 4. Sathesvaran a/l Raman

The trial judge correctly accepted SP12 as a credible witness whose positive recognition (recognition rather than mere identification) of the appellants, combined with forensic evidence of 45 lethal injuries, established the prosecution case beyond reasonable doubt; the alibi notices were defective and alibis collapsed in the face of positive recognition, so there was no basis to disturb convictions and sentences on appeal.

Citation
J-05(M)-229-06/2017, J-05(M)-231-06/2017, J-05(M)-233-06/2017, J-05(M)-235-06/2017, J-05(M)-237-06/2017 (Mahkamah Rayuan)
Parties
Appellant: Krishnan a/l Kandasamy; Appellant: Shanmugammuthaliar a/l V. Sivalingam; Appellant: Krishnan a/l Kalimuthu; Appellant: Sathesvaran a/l Raman; Respondent: Pendakwa Raya
Court
M
Jurisdiction
Malaysia
Judgment Date
3 July 2019
Case Number
J-05(M)-229-06/2017, J-05(M)-231-06/2017, J-05(M)-233-06/2017, J-05(M)-235-06/2017, J-05(M)-237-06/2017 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeals dismissed; convictions and sentences affirmed
Legal Topics
Murder, Common Intention, Identification, Alibi, Appeal Against Conviction, Sentence Confirmation
Source Language
Malay/English
Criminal Law Homicide Criminal Procedure Evidence Murder Common Intention Identification Alibi +2 more

Case Brief

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Parties

Krishnan a/l Kandasamy

Appellant

Shanmugammuthaliar a/l V. Sivalingam

Appellant

Krishnan a/l Kalimuthu

Appellant

Sathesvaran a/l Raman

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a prima facie case under section 302 read with section 34 was established
  2. 2 Whether the trial judge erred in accepting the identification evidence of witness SP12
  3. 3 Whether appellants' alibi defences were properly considered and sufficient to create reasonable doubt

Ratio Decidendi

The trial judge correctly accepted SP12 as a credible witness whose positive recognition (recognition rather than mere identification) of the appellants, combined with forensic evidence of 45 lethal injuries, established the prosecution case beyond reasonable doubt; the alibi notices were defective and alibis collapsed in the face of positive recognition, so there was no basis to disturb convictions and sentences on appeal.

Court Disposition

Appeals dismissed; convictions and sentences affirmed

Orders

  • Appeals dismissed
  • Convictions under section 302 read with section 34 of the Penal Code affirmed