Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of audio recordings

Legal area

Court

24 Jun 2024

ABDUL AZIZ BIN ALLA PICHAI

Citation

WA-83JS-100-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83JS-100-03/2021 (Mahkamah Majistret)

Applying the prima facie test and maximum evaluation of prosecution evidence the court found SP1 credible and the audio recording admissible and consistent with SP1’s account; elements of s354 and s509 were established for counts 1 and 3 respectively and thus the accused was convicted on those counts. Material recantation and investigative omissions created reasonable doubt on the amended count 2, resulting in acquittal on that count. Sentencing balanced mitigation (first offender, age, health, family) against public interest and aggravation of a father abusing his daughter, resulting in impr…
6 Oct 2022

TANG HENG KIT Cindy Ong Pik Yin

Citation

WA-24F-294-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24F-294-09/2021 (Mahkamah Tinggi)

Plaintiff failed to rebut the s88(3) presumption and did not adduce admissible or sufficiently probative evidence to show Defendant was an unfit parent; children’s welfare, expressed wishes and established caregiving environment favored Defendant; consequently joint guardianship and custody granted to both parents with primary care and control to the Defendant and liberal access to the Plaintiff.