Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Acquittal at end of prosecution's case

Legal area

Court

2 Sept 2025

PANG KAR FOONG

Citation

A-05(LB)-471-10/2024 (Mahkamah Rayuan)
Court

LB
Case number

A-05(LB)-471-10/2024 (Mahkamah Rayuan)

The Court allowed the prosecution's appeal, holding that because a prima facie case of murder was established the trial judge erred in acquitting at the end of the prosecution's case based solely on psychiatric evidence; the accused must be called to enter his defence and the matter is remitted to the High Court to proceed accordingly.
12 Aug 2024

LAI KIM ON

Citation

MC-83-238-05/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MC-83-238-05/2023 (Mahkamah Majistret)

Prosecution failed to prove beyond reasonable doubt that the accused drove dangerously because the investigation was incomplete, objective evidence (sketch, brake/drag marks, photographs, Puspakom damage) supported the accused's version, toxicology specimens were not tested leaving doubt about the deceased's impairment, and an intervening hospital infection meant causation of death was not firmly linked to the alleged dangerous driving; therefore no prima facie case and accused must be acquitted at the end of prosecution's case.