Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Alibi notice (s.402a)

  • 3 Oct 2024

    SUTHAKAR A/L SIVAKUMAR [ ]

    Citation
    05(M)-5-01/2023(C) (Mahkamah Persekutuan)
    Court
    M
    Case number
    05(M)-5-01/2023(C) (Mahkamah Persekutuan)

    The Federal Court upheld convictions because contemporaneous eyewitness evidence provided clear, repeated in-court identifications assisted by adequate lighting and corroborated by multiple witnesses; minor discrepancies were immaterial, absence of an identification parade report did not undermine substantive in-court identification, the video was inadmissible without forensic authentication, medical evidence established multiple slash wounds to the head sufficient to cause death consistent with a sharp weapon, and the cumulative evidence established common intention under s.34; therefore con…

  • 8 Aug 2024

    ZAINUDDIN BIN MAT ISA

    Citation
    AA-42JSKS-4-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-4-08/2023 (Mahkamah Tinggi)

    Appeal against conviction dismissed: High Court held the six proven offences were parts of a single series of connected acts forming the same transaction under s.165 KTJ so consolidation was proper; the child complainant was credible and her account was supported by prompt police report, medical evidence and recovery of the dildo; defence recordings and alibi failed to raise reasonable doubt and statutory alibi notice requirements were not met; convictions under s.14(a) Akta 792, s.377CA and s.376B KK were upheld. On sentence the court modified the Sessions Judge's orders so specified impriso…

  • 8 Aug 2024

    ZAINUDDIN BIN MAT ISA

    Citation
    AA-42JSKS-3-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-3-08/2023 (Mahkamah Tinggi)

    The High Court dismissed the appellant's challenges to conviction, holding the six offences were parts of the same transaction permitting joint trial under s.165 KTJ; the child complainant was credible and her evidence was supported by contemporaneous police report, medical findings and recovery of a sexual device; defence recordings and alibi were inconsistent and did not create reasonable doubt; convictions under s.14(a) Akta 792, s.377CA and s.376B Kanun Keseksaan were upheld; sentencing was adjusted by ordering certain counts within the same indictment to run concurrently while maintainin…