2 Aug 2024
1. ) TAN KHIM SIANG 2. ) LOW SHI HAUR 3. ) XXXX
- Citation
- BA-45B-22-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45B-22-05/2019 (Mahkamah Tinggi)
After maximum evaluation the court found prosecution failed to make out a prima facie case for murder under s302 read with s300(c) because of unresolved issues on causation and intervening medical treatment and insufficiency of identification/evidence to sustain murder beyond reasonable doubt. However the evidence (postmortem showing severe blunt head injuries, CCTV showing repeated assault by five persons and identification evidence) was sufficient to establish a prima facie case for culpable homicide not amounting to murder under s304(a) read with s34. Court therefore validly amended the ch…