Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Adverse inference (section 114 evidence act 1950)

Legal area

Court

24 Feb 2023

SHAMUGASUNDRAM A/L PERUMAL [ ]

Citation

B-05(M)-273-06/2019 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-273-06/2019 (Mahkamah Rayuan)

The Court held prosecution proved trafficking beyond reasonable doubt: chain of custody was sufficiently established by markings and witness identification despite minor timing discrepancies; telephone records/sim cards were not material and s114(g) did not apply; the conduct of the accused established common intention under s34; the trial judge properly assessed defence and his interventions under s165 did not cause actual prejudice; therefore convictions and mandatory death sentences under s39B(2) DDA 1952 were affirmed.
14 Apr 2021

KAMINI A/P SATHASIVAM

Citation

CB-41S-6-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-41S-6-08/2020 (Mahkamah Tinggi)

Omission of the express words 'Universiti Malaya' in the charge did not prejudice Perayu's ability to defend; the prosecution adduced sufficient evidence to satisfy the elements of cheating under s420 (dishonest inducement causing delivery of money and resulting loss); absence of witness Vijayan was not fatal as he was not a material witness whose omission made the prosecution case unsustainable; sentencing was within lawful range and properly considered aggravating and mitigating factors, therefore conviction and sentence were affirmed and prosecution's cross-appeal on sentence was dismissed.