Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Kawad cam and dock identification
  • 3 Oct 2024

    SIVACHANDRAN A/L S JAYARAJAH [ ]

    Citation
    05(M)-6-01/2023(C) (Mahkamah Persekutuan)
    Court
    M
    Case number
    05(M)-6-01/2023(C) (Mahkamah Persekutuan)

    Appeal dismissed. The Federal Court held in‑court identifications by multiple independent witnesses were reliable and corroborative, the exclusion of the unexamined video was proper, forensic pathology evidence established fatal multiple head slash wounds sufficient in the ordinary course to cause death (supporting murder under s.302 read with s.300(c)), and there was sufficient evidence of common intention under s.34. Failure to serve an alibi notice and absence of kawad cam report did not occasion miscarriage of justice. Convictions were upheld and sentences modified from death to fixed ter…