SETHUPATHI A/L PATHI [ ]

SETHUPATHI A/L PATHI [ ]

Convictions were unsafe because material contradictions in prosecution evidence, especially on identification, and lack of proof of common intention under s.34 meant no reliable prima facie case existed to require the appellants to enter defence; trial judge erred in law and fact in calling for defence and in evaluating evidence, therefore convictions set aside and appellants acquitted.

Citation
M-05(M)-384-10/2020 (Mahkamah Rayuan)
Parties
Appellant: Narendranpathy a/l Pathy; Appellant: Aiman bin Mazlan; Appellant: Namasivayam a/l M. Perumal; Appellant: Sethupathi a/l Pathi; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
13 September 2022
Case Number
M-05(M)-384-10/2020 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (murder Under S.302 Penal Code) / Court of Appeal Determination; Judgment Allowing Appeal and Quashing Convictions
Outcome
Appeal allowed; convictions and sentences set aside; appellants acquitted and discharged
Legal Topics
Murder (section 302 Penal Code), Common Intention (section 34 Penal Code), Identification Evidence, Calling Accused to Enter Defence (prima Facie Requirement), Credibility and Contradictions in Prosecution Case
Source Language
Malay/English
Criminal Law Homicide Evidence Criminal Procedure Murder (section 302 Penal Code) Common Intention (section 34 Penal Code) Identification Evidence Calling Accused to Enter Defence (prima Facie Requirement) +1 more

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Parties

Narendranpathy a/l Pathy

Appellant

Aiman bin Mazlan

Appellant

Namasivayam a/l M. Perumal

Appellant

Sethupathi a/l Pathi

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal (murder Under S.302 Penal Code) / Court of Appeal Determination; Judgment Allowing Appeal and Quashing Convictions

Legal Issues

  1. 1 Whether the prosecution proved positive identification of appellants as assailants
  2. 2 Whether there was sufficient proof of common intention under s.34 Penal Code
  3. 3 Whether the trial judge erred in calling the accused to enter their defence despite contradictions in prosecution evidence

Ratio Decidendi

Convictions were unsafe because material contradictions in prosecution evidence, especially on identification, and lack of proof of common intention under s.34 meant no reliable prima facie case existed to require the appellants to enter defence; trial judge erred in law and fact in calling for defence and in evaluating evidence, therefore convictions set aside and appellants acquitted.

Court Disposition

Appeal allowed; convictions and sentences set aside; appellants acquitted and discharged

Orders

  • Set aside convictions under Section 302 Penal Code and associated sentences
  • Appellants Narendranpathy a/l Pathy, Aiman bin Mazlan, Namasivayam a/l M. Perumal and Sethupathi a/l Pathi are acquitted and discharged