27 Oct 2023
[Timbalan (TPR), Jabatan Peguam Negara] SUGUMARAN A/L VEEJAKUMARAN
- Citation
- BA-45B-11-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45B-11-05/2023 (Mahkamah Tinggi)
The prosecution failed to establish a prima facie case for murder under s302 because mens rea under s300(c) could not be properly 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). Under s158 the court validly amended the charge and called the defendants to enter defence; since continuation of defence proceedings would render the prosecution's appeal against the original murder charge nugatory, the court exercised its discretion to stay defence proceedings pending disposal of that appeal.