27 Oct 2023
[Jabatan Peguam Negara] RAGUNATHAN A/L SELVAMANI
- Citation
- BA-45B-22-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45B-22-04/2021 (Mahkamah Tinggi)
Prosecution failed to establish a prima facie case for murder under section 302 because mens rea required by section 300(c) (intention to cause bodily injury sufficient in the ordinary course of nature to cause death) was not proved by adequate specific evidence; however the evidence did establish a prima facie case for culpable homicide not amounting to murder under section 304(a). The court therefore validly amended the charge under section 158 CPC to s304(a), called the accused to enter their defence, and properly stayed defence proceedings pending resolution of prosecution's appeals to pr…