Selvam A/l Batumalai v Pendakwa Raya

n-05m-473-10-2023 Court of Appeal (Mahkamah Rayuan) 10 December 2024 • N-05(M)-473-10/2023 • 31 min read
17 cases cited (0 SG, 17 foreign)

Outcome

In conclusion, we order that the appeal conviction is dismissed; the order of the learned HCJ is hereby affirmed. We allow the appeal against sentence, we set aside the death sentence imposed by the learned HCJ and order that the accused be sentenced to imprisonment of 36 years, to take effect from the date of arrest and 15 strokes of whipping. To that extend the appeal is allowed.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (n-05m-473-10-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Murder- 302 Penal Code - injuries sustained by the deceased is sufficient in the ordinary cause of nature to cause death under the ambit of section 300 (c) of the Penal Code circumstantial evidence- the identity of the accused had been established by the circumstantial evidence - when considering all the evidence in its totality, the combine strength of these individual evidence will lead to an inference of guilt of the accused for the offence he is charged with section 27 of EA-The information admissible under section 27 of the EA includes accused’s statement, or his act or conduct such as pointing out which leads distinctly to the discovery of a fact-For such information to be admissible in evidence there is no duty on the prosecution to prove voluntariness of the information.

Practice Areas

Criminal Law Criminal Procedure

Judges (3)

Azhahari Kamal bin Ramli Delivered Azmi bin Ariffin Coram Che Mohd Ruzima bin Ghazali Coram

Counsel (4)

A G Roseli & Assoc. Firm Jabatan Peguam Negara (AGC) Firm ROSELI BIN ABDUL GANI Counsel Appellant Sarulatha a/p Paramavathar Counsel Respondent

Parties (2)

Pendakwa Raya Respondent Selvam a/l Batumalai Appellant

Statutes Cited

Abolition of Death Penalty Act (Cap 846)
Evidence Act 1950 (Cap 56)
Penal Code (Cap 574)
s 302

Cases Cited (17)

UK (1)
[1946] 1 All ER 697
MY (15)
[1960] MLJ 296 [1962] MLJ 307 [1968] 1 MLJ 51 [1982] 2 MLJ 306 [1983] 2 MLJ 232 [1995] 3 MLJ 350 [1998] 1 MLJ 537 [1999] 1 MLJ 507 [2002] 4 MLJ 176 [2003] 1 CLJ 734 [2005] 1 CLJ 85 [2005] 2 CLJ 481 [2008] 3 MLJ 685 [2013] 4 CLJ 149 [2016] MLJU 970
IN (1)
AIR 1952 SC 343

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (n-05m-473-10-2023)