Arumugam A/L Sandanam & Anor v Pendakwa Raya

Appellant(s): Arumugam A/l Sandanam

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Mohamed Zaini Bin Mazlan

• The two appellants were charged with murder under Section 302 of the Penal Code read with Section 34, following the death of the deceased.
• The deceased was found with 21 stab wounds to the abdomen, which were determined to be the cause of death due to excessive bleeding.
• The incident stemmed from the deceased's alleged theft of drug proceeds, leading to him being tied, beaten, and attacked by the appellants and others, with his body later disposed of in a mining pond.

• Whether the trial counsel's alleged manifest incompetence amounted to a denial of the appellants' constitutional right to a fair trial.
• Whether the High Court erred in convicting the appellants under both paragraphs 300(a) and 300(c) of the Penal Code.
• Whether the High Court correctly assessed the evidence of an accomplice and material contradictions, particularly regarding the finding of common intention under Section 34 of the Penal Code.

• The Court found no manifest incompetence by the trial counsel, holding that the appellants received a fair trial and the heavy burden to prove such incompetence was not met.
• The Court affirmed the High Court's application of both Section 300(a) and 300(c) of the Penal Code, stating that both require the same burden of proof for the defence and that a specific paragraph need not be stated by the trial judge.
• The Court upheld the conviction for murder under Section 302 of the Penal Code, finding that the prosecution had proven its case beyond reasonable doubt, including the element of common intention which could be inferred from the facts and circumstances. However, the Court allowed the appeal against sentence, setting aside the mandatory death penalty and imposing 35 years imprisonment and 12 strokes of the cane, in light of the Abolition of Mandatory Death Penalty Act 2023.