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.