1 Jun 2023
1. ) PERASANTHA A/L RAVI 2. ) THAYALAN A/L BASKARAN
- Citation
- BA-45B-22-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45B-22-07/2020 (Mahkamah Tinggi)
The prosecution failed to prove a prima facie case for murder under s.302/s.300(c) because mens rea (intention to cause injury sufficient in ordinary course to cause death) could not be reasonably inferred from the evidence; medical evidence established fatal blunt head trauma but causation and identity of the specific actors and force were not conclusively attributable to the defendants alone. However the prosecution presented sufficient direct and circumstantial evidence to establish a prima facie case for culpable homicide not amounting to murder under s.304(a), and the court therefore ame…