LIM SHENG HUEI

LIM SHENG HUEI

The High Court held the Sessions Court properly assessed and accepted the victim's credible identification and testimony, that absence of recovered cash and weapon and minor inconsistencies were immaterial given the overall evidence and delay in arrest, and that there was no miscarriage of justice warranting appellate interference; therefore conviction under sections 390/392 Penal Code and the sentence were upheld.

Citation
BA-42S-9-04/2025 (Mahkamah Tinggi)
Parties
Appellant: Lim Sheng Huei; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 December 2025
Case Number
BA-42S-9-04/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Robbery (section 392 Penal Code), Identification Evidence, Corroboration and Absence of Exhibits, Standard of Appellate Interference, Credibility Assessment, Sentencing
Source Language
Malay/English
Criminal Law Evidence Law Appellate Procedure Robbery (section 392 Penal Code) Identification Evidence Corroboration and Absence of Exhibits Standard of Appellate Interference Credibility Assessment +1 more

Case Brief

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Parties

Lim Sheng Huei

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence; Judgment on Appeal

Legal Issues

  1. 1 Whether conviction is safe despite absence of physical exhibits (stolen cash and alleged weapon) linking appellant to the theft
  2. 2 Whether identification evidence of the victim and identification parade provided reliable basis for conviction
  3. 3 Whether contradictions between prosecution witnesses and lack of independent eyewitnesses created reasonable doubt

Ratio Decidendi

The High Court held the Sessions Court properly assessed and accepted the victim's credible identification and testimony, that absence of recovered cash and weapon and minor inconsistencies were immaterial given the overall evidence and delay in arrest, and that there was no miscarriage of justice warranting appellate interference; therefore conviction under sections 390/392 Penal Code and the sentence were upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under section 392 Penal Code upheld