Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Group liability
  • 24 Mar 2025

    1. ) SANDANATHEVAN A/L TAMIL SELVAN 2. ) HENG LEE MUN

    Citation
    BA-62RS-10-04/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BA-62RS-10-04/2022 (Mahkamah Sesyen)

    The court found prosecution proved the elements of s.394 Penal Code: the victim was assaulted and robbed during a group attack; in‑court identification corroborated by an identification parade, medical evidence and a video established participation of the accused in the group assault; under s.394 group liability applies so detailed proof of each participant’s specific act was unnecessary. Defence alibi and interested witness testimony were not credible or sufficient to raise reasonable doubt. Accordingly the accused were convicted and sentenced.