27 Oct 2023
[Timbalan (TPR), Jabatan Peguam Negara] NAVUKARASAN A/L RETHINASINGAM
- Citation
- BA-45B-31-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45B-31-10/2022 (Mahkamah Tinggi)
The prosecution failed to establish a prima facie case for murder under s302 because mens rea under s300(c) could not be inferred from the evidence; however the evidence was sufficient to establish a prima facie case for culpable homicide not amounting to murder under s304(a). Accordingly the charge was amended to s304(a) under s158 CrPC, the accused were called to defend, and the court granted a stay of defence proceedings pending disposal of the prosecution's appeal to prevent rendering that appeal nugatory.
- Murder (section 302 penal code)
- Culpable homicide not amounting to murder (section 304(a) penal code)
- Common intention (section 34 penal code)
- Amendment of charge (s158 criminal procedure code)
- Judicial duty at close of prosecution (s180 criminal procedure code)
- Stay/adjournment of proceedings pending appeal