Malaysia Case Law: Decisions & Judgments

Topic

Alibi notice s402a cpc

Legal area

Court

3 Mar 2022

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

Citation

WA-45B-26-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-26-02/2018 (Mahkamah Tinggi)

Court found prosecution proved identity, causation (post-mortem: severe head injuries from blunt force), and that injuries were inflicted by the accused as narrated by credible eyewitness PW16; the bodily injuries were sufficient in the ordinary course to cause death satisfying s300(c); evidence of joint and concerted acts and failure to prevent lethal conduct established common intention under s34; alibi defences of several accused were inadmissible for failure to comply with s402A CPC; on that basis prosecution proved guilt beyond reasonable doubt and conviction under s302 read with s34 was…
3 Mar 2022

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

Citation

WA-45B-26-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-26-02/2018 (Mahkamah Tinggi)

The court held that prosecution proved identity, causation and that injuries causing death were inflicted by the accused as established by credible eyewitness PW16 corroborated by recovered video and post-mortem; the injuries met the threshold of s300(c); common intention under s34 was established by the conduct of all accused; alibi defences of four accused were inadmissible for failure to give s402A notice and the 4th accused's account was found improbable; accordingly all five were convicted of murder and sentenced to death.

Malaysia Case Law

[ ] 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