0 [1359.22] NIAT BERSAMA DALAM SUATU KESALAHAN

SEKSYEN 34 KANUN KESEKSAAN memperuntukkan seperti berikut:-

“34. Each of several persons liable for an act done by all, in like manner as if done by him alone.

When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone.”

Di dalam kes NAMASIYAM & ORS V PP [1987] 2 MLJ 336, Mahkamah Agung menjelaskan seperti berikut:-

“common intention requires prior meeting of the minds and presupposes some prior concert. It is not enough to prove holding the same intention or sharing some other intention. thus , it proven either by direct or by circumstantial evidence that there was:-

(a) A common intention to commit the very offence of which the accused persons are sought to be convicted

(b) Participation in the commission of the intended offence in furtherance of that common intention.”

NOTA: GAMBAR SEKADAR HIASAN

OLEH: Maisarah Norkefli