Pendakwa Raya v MOHAN A/L MURUGESU

wa-45b-3-03-2023 High Court (Mahkamah Tinggi) 6 April 2026 • WA-45B-3-03/2023 • 31 min read
7 cases cited (0 SG, 7 foreign)

Outcome

The Court of Appeal had dismissed the appeal and affirmed the sentence. Their Lordships 20 held that: “[21] Having regard to the facts and circumstances of this case, the trial judge had sentenced the respondent to 12 years imprisonment wef the date of arrest.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-45b-3-03-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Criminal Procedure - Penal Code ss. 302 and 304(a) - Charge of murder - Whether the fouth ingredient of charge had been proved ie whether the act(s) of the accused was committed with intention to cause injuries to the deceased, which were sufficient in the ordinary course of nature to cause death - Court found based on police investigations that there was provocation by the deceased against the accused - Accused did not intend to kill the deceased - Prosecution did not prove a prima facie case of murder - Charge reduced to s.304(a) and read to accused for defence to be called - Accused pleaded guilty to reduced charge - Sentenced to 14 years imprisonment

Practice Areas

Criminal Procedure Criminal Law

Judges (1)

Noor Ruwena binti Md. Nurdin Delivered

Counsel (3)

Dennis Mahen.R & Aida Firm Mahendran Naidu A/L Rama Santaram Counsel Accused Mohammad Shahrizzat Bin Amadan Counsel Prosecution

Parties (2)

Pendakwa Raya Prosecutor Mohan a/l Murugesu Accused

Statutes Cited

Criminal Procedure Code (Cap 593)
Penal Code (Cap 574)
s 300 s 302

Cases Cited (7)

MY (7)
[1956] 1 MLRH 44 [1968] 1 MLJ 36 [1988] 1 MLJ 167 [2005] 1 AMR 321 [2006] 1 CLJ 457 [2015] 5 CLJ 893 [2017] 3 MLJ 532

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-45b-3-03-2023)