Nagarajan a/l Alagasan & Ors v Public Prosecutor

Court of Appeal · · Criminal Law, Criminal Procedure

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

Appellant(s): Logan A/L Namasivayam

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
  • The five appellants were initially convicted by the High Court for murder under Section 302 of the Penal Code and sentenced to death.
  • The case involved the fatal beating of the deceased by the appellants and others, stemming from an alleged debt, which resulted in severe head injuries.
  • During the appeal proceedings, the Public Prosecutor accepted the appellants' representation to reduce the charge from murder to culpable homicide not amounting to murder.
Issues for the Court
  • The primary issue before the Court of Appeal was to determine an appropriate sentence for the appellants, given their plea of guilty to the reduced charge of culpable homicide not amounting to murder.
  • The original issues before the High Court revolved around whether the prosecution had established a prima facie case for murder and if the defence had successfully raised reasonable doubt.
  • The Court needed to consider the facts, public interest, and mitigation factors in imposing a new sentence that aligns with current sentencing trends for the reduced offence.
Decision
  • The Court of Appeal unanimously set aside the High Court's conviction and death sentence for murder under Section 302 of the Penal Code.
  • The appellants' charge was substituted with one of culpable homicide not amounting to murder, punishable under Section 304(a) read together with Section 34 of the Penal Code, to which they pleaded guilty.
  • Each appellant was sentenced to twelve (12) years imprisonment, with the sentence to run from their respective dates of arrest.
Link to JudgmentView Full Judgment

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