Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of statements (s27 evidence act)

Legal area

Court

16 Jul 2025

VINOTH KUMAR A/L MUNIANDY

Citation

BL-62D-66-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62D-66-12/2023 (Mahkamah Sesyen)

The prosecution failed to prove beyond reasonable doubt that the accused had possession and knowledge of the drugs because there were two irreconcilable versions, significant investigational shortcomings (no independent supporting witnesses for key facts, no contemporaneous s27 record, no forensic fingerprint/DNA testing), and material inconsistencies about car keys and who had control of the vehicle; these defects created reasonable doubt and required acquittal.
16 Nov 2023

Khairol Anuar Bin Zakaria [ ]

Citation

D-05(M)-518-12/2021 (Mahkamah Rayuan)
Court

M
Case number

D-05(M)-518-12/2021 (Mahkamah Rayuan)

The Court found the prosecution proved beyond reasonable doubt that the seized material was cannabis (1,227.9g), that the accused had custody, control and knowledge of the drugs (supported by witness testimony, accused's conduct and statements admissible under s27 Evidence Act), and that the statutory presumption of trafficking under s37(da)(vi) DDA applied; conviction under s39B(1)(a) DDA was therefore affirmed and, in light of legislative removal of the mandatory death penalty, the death sentence was set aside and substituted with imprisonment for 30 years from date of arrest and 12 strokes…
16 Jun 2020

MOHAMMAD YUSYAIRI BIN SAIDIN

Citation

K-06A(M)-22-09/2017 (Mahkamah Rayuan)
Court

M
Case number

K-06A(M)-22-09/2017 (Mahkamah Rayuan)

Appellate court agreed with trial judge that prosecution established murder beyond reasonable doubt by circumstantial and forensic evidence (DNA matches in car, knife and exhibits, presence of victim's items, and autopsy showing fatal neck wounds) and that appellant failed to prove private defence on the balance of probabilities because the force used (multiple stab wounds to vital areas totalling about 17 wounds) exceeded what was reasonably necessary to repel the alleged choking; therefore conviction and death sentence were correctly affirmed.

Malaysia Case Law

VINOTH KUMAR A/L MUNIANDY

Khairol Anuar Bin Zakaria [ ]

MOHAMMAD YUSYAIRI BIN SAIDIN