Malaysia Case Law: Decisions & Judgments

Topic

Acquittal on appeal

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-21-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-21-04/2021 (Mahkamah Tinggi)

Convictions set aside because (a) the 35 charges under s.420 were defective and occasioned a failure of justice where the prosecution case itself showed payments were to a third party (Ganang Resources), and (b) a maximum evaluation of prosecution evidence showed a viable and contemporaneously supported inference that the transactions were friendly loans largely repaid, creating reasonable doubt as to deceit or wrongful gain.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-38-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-38-04/2021 (Mahkamah Tinggi)

The appeals were allowed because (1) the 35 charges under s.420 were defective and occasioned a failure of justice where the indictment pleaded monies were handed to the accused but the prosecution evidence showed payments to a third party (Ganang Resources) and could not be cured by ss.156 or 422 CPC; and (2) on maximum evaluation of the prosecution evidence the materials supported a reasonable inference that the underlying transactions were friendly loans substantially repaid (with evidence of repayments and overpayment), producing reasonable doubt as to dishonesty and cheating. Convictions…
24 Sept 2019

1. TAN CHUN CHENG 2. TAN CHOON HUI PUBLIC PROSECUTOR

Citation

S-05(M)-335-06/2018 & S-05(M)-336-06/2018 (Mahkamah Rayuan)
Court

M
Case number

S-05(M)-335-06/2018 & S-05(M)-336-06/2018 (Mahkamah Rayuan)

Double presumption under ss.37(d) and 37(da) could not sustain conviction following higher authority; prosecution failed to exclude access by others to the vehicle so possession was not established; caution was not adequately explained rendering post-arrest statements inadmissible; in combination the convictions were unsafe and had to be set aside with acquittal.

Malaysia Case Law

NARENDRAN A/L NAGAPPAN

NARENDRAN A/L NAGAPPAN

1. TAN CHUN CHENG 2. TAN CHOON HUI PUBLIC PROSECUTOR