KHANTAN A/L NAMASIVAYAM v Pendakwa Raya [Pendakwa Raya]

w-05m-117-03-2022 Court of Appeal (Mahkamah Rayuan) 8 September 2025 • W-05(M)-117-03/2022 • 24 min read

Catchwords

section 304(a) of the Penal Code read together with section 34 of same Act - culpable homicide not amounting to murder – the deceased was found - arrival of investigating officer and forensics - post-mortem - the arrests - identification of the deceased - public interest - sentence imposed is in tandem with the current trend of sentencing

Practice Areas

section 304(a) of the Penal Code read together with section 34 of same Act

Judges (3)

Azmi bin Ariffin Delivered Mohamed Zaini bin Mazlan Coram Noorin binti Badaruddin Coram

Counsel (13)

Revin Kumar & Bolkin Firm Salehuddin Saidin & Assoc Firm Shan & Selva Firm Sivananthan Firm Afifuddin Ahmad Hafifi Counsel Appellant Aina Melina Johan Arif Lim Counsel Appellant Aliff Bolkin Counsel Appellant Datuk N. Sivanathan Counsel Appellant Gabriel Sassayan Counsel Appellant Nur Nabihah Nabil Counsel Appellant Seluadorai Counsel Appellant Sharifah Annafiza Al-Shahab Counsel Appellant Tetralina Bin Ahmed Fauzi Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Khantan a/l Namasivayam Appellant

Case Significance

KHANTAN A/L NAMASIVAYAM v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated September 8, 2025 (citation: w-05m-117-03-2022). <p>This appeal was heard together with four other related appeals (W-05(M)-96, 98, 116-03/2022) involving five co-accused convicted of murdering a security guard at PPR Sungai Bonus. The charge was reduced to culpable homicide under s.304(a) Penal Code and each appellant was sentenced to 12 years' imprisonment from date of arrest, replacing the original death sentence.</p> The panel comprised Azmi bin Ariffin, Mohamed Zaini bin Mazlan and Noorin binti Badaruddin, with Azmi bin Ariffin delivering the judgment.

Summary

This appeal was heard together with four other related appeals (W-05(M)-96, 98, 116-03/2022) involving five co-accused convicted of murdering a security guard at PPR Sungai Bonus. The charge was reduced to culpable homicide under s.304(a) Penal Code and each appellant was sentenced to 12 years' imprisonment from date of arrest, replacing the original death sentence.

What was the outcome of KHANTAN A/L NAMASIVAYAM v Pendakwa Raya [Pendakwa Raya]?

<p>This appeal was heard together with four other related appeals (W-05(M)-96, 98, 116-03/2022) involving five co-accused convicted of murdering a sec...

Statutes Cited

Penal Code (Cap 574)
s 302 s 304(a)