THIYAGA MURTY A/L SUBRAMANYAN [ ]

THIYAGA MURTY A/L SUBRAMANYAN [ ]

Conviction and sentence were upheld because the prosecution proved beyond reasonable doubt that the victim suffered grievous hurt caused by a parang, the appellant was reliably identified in bright conditions and in-court identification supported by an independent eyewitness, omissions in the charge and absence of...

Source-derived case information.

Citation
B-09-553-11/2019 (Mahkamah Rayuan)
Parties
Appellant: Thiyaga Murty A/L Subramanyan; Respondent: Public Prosecutor (Pendakwa Raya)
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
6 July 2023
Case Number
B-09-553-11/2019 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (s.326 Read With S.34 Penal Code) / Appeal Judgment (court of Appeal)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Grievous Hurt, Common Intention (s.34), Identification Evidence, Alibi (notice), Admissibility and Weight of CCTV, Defective Charge, Sentencing Principles
Criminal Law Evidence Law Procedure Grievous Hurt Common Intention (s.34) Identification Evidence Alibi (notice) Admissibility and Weight of CCTV +2 more

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Parties

Thiyaga Murty A/L Subramanyan

Appellant

Public Prosecutor (Pendakwa Raya)

Respondent

Procedural Posture

Criminal Appeal (s.326 Read With S.34 Penal Code) / Appeal Judgment (court of Appeal)

  1. 1 Whether the prosecution proved grievous hurt under s.320 and offence under s.326 read with s.34 beyond reasonable doubt
  2. 2 Validity and reliability of dock identification and need for identification parade/CCTV
  3. 3 Whether omission in the charge (missing co-accused names and phrase about 'in furtherance of common intention') rendered the charge defective or prejudiced the accused

Ratio Decidendi

Conviction and sentence were upheld because the prosecution proved beyond reasonable doubt that the victim suffered grievous hurt caused by a parang, the appellant was reliably identified in bright conditions and in-court identification supported by an independent eyewitness, omissions in the charge and absence of original CCTV did not prejudice the defence, and the appellant's alibi lacked statutory notice and was an afterthought.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal of the appellant is dismissed
  • Conviction under section 326 Penal Code read with section 34 Penal Code is upheld