Khantan a/l Namasivayam & Ors v Public Prosecutor

Court of Appeal · · Criminal Law, Criminal Procedure

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Khantan a/l Namasivayam & Ors v Public Prosecutor
CourtCourt of Appeal
Judgment Date9 September 2025
Date Uploaded7 October 2025
Legal TopicsCriminal Law, Criminal Procedure
Parties

Appellant(s):

  • Xxxx
  • Dineswaran A/L Sivalingam

Respondent(s):

  • Pendakwa Raya
  • [Pendakwa Raya]
Bench
  • YA Datuk Mohamed Zaini Bin Mazlan
  • YA Dato' Azmi Bin Ariffin
  • YA Datuk Noorin binti Badaruddin
Facts & Background
  • Five appellants were initially convicted by the High Court for murder under Section 302 of the Penal Code, read with Section 34, and sentenced to death.
  • The conviction arose from an incident where the appellants and others assaulted the deceased over a purported debt, leading to his death from severe head injuries.
  • The deceased was found unconscious at an abandoned security guardhouse after being subjected to multiple beatings by the group.
Issues for the Court
  • The initial appeal was against the conviction and sentence for murder imposed by the High Court.
  • During the appeal, the Public Prosecutor accepted the appellants' representation to reduce the charge from murder to culpable homicide not amounting to murder.
  • Consequently, the sole issue before the Court of Appeal was to determine an appropriate sentence for the reduced charge under Section 304(a) of the Penal Code.
Decision
  • The Court accepted the Public Prosecutor's decision to reduce the charge, and all five appellants pleaded guilty to culpable homicide not amounting to murder under Section 304(a) read with Section 34 of the Penal Code.
  • The Court set aside the death sentences previously imposed by the High Court.
  • Each appellant was sentenced to twelve (12) years imprisonment, effective from their respective dates of arrest, aligning with current sentencing trends for such offences.
Link to JudgmentView Full Judgment

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