Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Alibi and notice requirements

Legal area

Court

30 May 2023

SHAHMELY BIN MOHAMAD

Citation

JD-62JSK-22-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JD-62JSK-22-12/2021 (Mahkamah Sesyen)

The court convicted because the complainant's sworn testimony was credible and consistent, corroborated by contemporaneous statements, family witnesses and investigative exhibits; the defence alibi was held to be an afterthought, insufficiently supported and not credible; on maximum evaluation the prosecution proved the elements of s.14(a) (sexual touching of a child) and the additional punishment under s.16(1) beyond reasonable doubt, warranting the imposed custodial sentence and ancillary orders.
28 Aug 2022

[ ] NOOR HESHAM BIN HAMID

Citation

DA-45A-4-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-4-04/2019 (Mahkamah Tinggi)

Court found prosecution proved beyond prima facie stage that the seized substances were Methamphetamine, that they were in the accused's custody, control and possession (physical possession of bag and drugs, attempt to flee and struggle), and the statutory presumption of trafficking applied under s37(da) ADB 1952; accused failed to rebut presumption on balance of probabilities; therefore conviction for trafficking under s39B(1)(a) and for possession under s12(2) followed, with death sentence for trafficking and 2 years' imprisonment for possession.