1) PUGANESWARAN A/L GANESAN 2) ANNAMAH A/P KARUNAGARAN 3) HARICHANDRAN A/L S. NADARAJAN v PENDAKWA RAYA

05m-241-10-2018b Federal Court (Mahkamah Persekutuan) 27 August 2020 • 05(M)-241-10/2018(B)

Catchwords

Criminal Law - Murder - s. 300(a) of Penal Code - Death sentence involving children - Detention at the pleasure of DYMM Sultan of Selangor pursuant to s.97(2)(b) of the Child Act 2001 (Act 611) Criminal Law - common intention - s.34 of Penal Code - nexus to offence - not necessarily physical appearance - concurrent findings of facts by courts below - credibility of witnesses Evidence Law - s. 133 of Evidence Act 1950 (Act 56) - illustration of s.114 of Evidence Act - corroboration of accomplice evidence - it is trite law that an accused person may be convicted even on an uncorroborated evidence of an accomplice - it is totally irrelevant that the accomplice is not charged together with the accused - evidence not challenged in cross- examination needs no corroboration even when it comes from an accomplice unless it is so incredible that no reasonable tribunal would accept - Browne v Dunn (184) 6 R 67 - It is not necessary that the corroboration should be of actual commission of the crime but suffice if there is independent evidence of the relevant circumstances connecting the accused with the crime - Datuk Haji Harun bin Idris v PP [1976] 1 LNS 184

Practice Areas

Criminal Law Evidence Criminal Procedure

Judges (3)

Abdul Rahman bin Sebli Coram Nallini Pathmanathan Delivered Vernon Ong Lam Kiat Coram

Parties (4)

Pendakwa Raya Respondent Annamah a/p Karunagaran Appellant Harichandran a/l S. Nadarajan Appellant Puganeswaran a/l Ganesan Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (05m-241-10-2018b)