[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

The court found prosecution proved identity, cause of death (severe head injuries from multiple blunt force trauma), and that injuries were inflicted by the accused as described by credible eyewitness PW16 and corroborated by recovered video; common intention was established by concerted acts and conduct at scene; alibi defences were inadmissible for failure to comply with s402A CPC; consequently accused convicted under s302 read with s34 and sentenced to death as mandatory.

Citation
WA-45B-26-02/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Khantan a/l Namasivayam; Accused: Logan a/l Namasivayam; Accused: Vikneswaran a/l Kalimuthu; Accused: Nagarajan a/l Alagasan; Accused: Dineswaran a/l Sivalingam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2022
Case Number
WA-45B-26-02/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment Conviction and Sentencing
Outcome
convicted and sentenced to death
Legal Topics
Murder, Common Intention, Section 302 Penal Code, Section 34 Penal Code, Section 300(c) Penal Code, Alibi (s402 a Cpc), Evidence, Forensic Pathology, Voice and Video Forensics
Source Language
Malay/English
Criminal Law Murder Common Intention Section 302 Penal Code Section 34 Penal Code Section 300(c) Penal Code Alibi (s402 a Cpc) Evidence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Khantan a/l Namasivayam

Accused

Logan a/l Namasivayam

Accused

Vikneswaran a/l Kalimuthu

Accused

Nagarajan a/l Alagasan

Accused

Dineswaran a/l Sivalingam

Accused

Procedural Posture

Criminal / Judgment Conviction and Sentencing

Legal Issues

  1. 1 identity of the deceased
  2. 2 causation between inflicted injuries and death
  3. 3 whether injuries were inflicted by the accused

Ratio Decidendi

The court found prosecution proved identity, cause of death (severe head injuries from multiple blunt force trauma), and that injuries were inflicted by the accused as described by credible eyewitness PW16 and corroborated by recovered video; common intention was established by concerted acts and conduct at scene; alibi defences were inadmissible for failure to comply with s402A CPC; consequently accused convicted under s302 read with s34 and sentenced to death as mandatory.

Court Disposition

convicted and sentenced to death

Orders

  • Convicted under section 302 of the Penal Code read with section 34 of the Penal Code
  • Sentenced to death; each accused to be hanged by the neck until dead