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2020 MarsdenLR 2649
FEDERAL COURT MALAYSIA PUTRAJAYA
PUGANESWARAN GANESAN & ORS – Appellant
Versus
PP & OTHER APPEALS – Respondent
[Criminal Appeal Nos: 05(M)-241-10-2018(B) 05(M)-242-10-2018(B) & 05(L)-243-10-2018(B)]
The court upheld the principle that accomplice evidence may be sufficient for conviction if corroborated by independent evidence, establishing the culpability of all parties involved under common intention.
Headnote:This case revolves around the conviction of the appellants for murder under s 302 of the Penal Code, with the prosecution relying on testimonies from accomplices. The court considered the relevant statutes, including s 34 of the Penal Code regarding common intention. The findings reveal that the murder was premeditated, with a clear role delineation among the appellants, leading to a guilty verdict. The court framed issues around the credibility of accomplice evidence and the need for corroboration. The court concluded that the evidence provided was sufficient to support the convictions beyond reasonable doubt. The court affirmed the original verdict.
| Table of Content |
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| 1. murder charges with accomplice evidence. (Para 2) |
[2] They claimed trial to the charge at the conclusion of which they were found guilty as charged. The 1st and 2nd appellants were sentenced to death whilst the 3rd appellant was ordered to be detained at the pleasure of DYMM Sultan of Selangor pursuant to s 97(2)(b) of the Child Act 2001 (Act 611) as he was under-aged at the time of the offence. Their appeals to the Court of Appeal were dismissed, hence the present appeals before us.
