Datuk N. Sivanathan
About Datuk N. Sivanathan
Datuk N. Sivanathan appears as counsel of record in 7 reported Malaysia judgments (2025). These were heard before MYCOA (6) and MYHC (1).
On the court record
An appellate criminal-defence practice weighted toward homicide and drug matters in the Court of Appeal.
Datuk N. Sivanathan appears mainly in the Court of Appeal (Mahkamah Rayuan), with some High Court (Mahkamah Tinggi) work, and the reported decisions describe an appellate criminal-defence practice acting largely for appellants and in the defence of the accused. The homicide work is prominent: matters engaging culpable homicide not amounting to murder under "seksyen 304(a) Kanun Keseksaan" (section 304(a) of the Penal Code) and murder under section 302, read in several instances with the common-intention provision in section 34.
Drug trafficking under "seksyen 39B Akta Dadah Berbahaya 1952" (section 39B of the Dangerous Drugs Act 1952) also features, argued as "rayuan terhadap sabitan dan hukuman" (appeals against conviction and sentence), together with the trafficking presumption in "seksyen 37(da)" and custody-and-control questions. Appearing as appellant and in the defence of the accused, the reported task is to challenge the safety of a conviction and the length of sentence.
The work turns on the correct characterisation of the offence and the safety of the conviction. In the homicide appeals the argument frequently concerns whether the facts support murder or the reduced offence of culpable homicide, and whether the trial court properly directed itself on intention; in the drug appeals it concerns the presumptions and the evaluation of the evidence. The argument is confined to the appellate record and to questions of law, without the reopening of primary fact-finding.
The overall profile is an appellate criminal-defence practice weighted toward homicide and drug matters, conducted principally in the Court of Appeal. The reported reasons turn on the Penal Code offence definitions, the boundary between murder and culpable homicide, and the drug presumptions, rather than on any civil or public-law question, marking a serious-crime appellate speciality on the defence side. The recurring section 304(a) matters give the homicide work a particular focus on the line between murder and culpable homicide not amounting to murder.
How many cases has Datuk N. Sivanathan appeared in?
Datuk N. Sivanathan appears as counsel of record in 7 reported Malaysia judgments (2025).
Which courts does Datuk N. Sivanathan appear in?
Datuk N. Sivanathan appears before MYCOA (6) and MYHC (1).
At what level does Datuk N. Sivanathan appear?
The reported decisions are largely appellate, in the Court of Appeal, where he appears for appellants and in the defence of the accused in serious criminal matters.
Which offences are central to his work?
Homicide — culpable homicide under section 304(a) and murder under section 302 of the Penal Code — together with drug trafficking under section 39B of the Dangerous Drugs Act 1952.