Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Alternative charge

  • 16 May 2025

    MUHAMMAD FAAIZ BIN MOHAMMAD AZMI

    Citation
    AA-83-1487-12/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-83-1487-12/2021 (Mahkamah Majistret)

    The prosecution failed to prove the second essential element (that the accused drove at a dangerous speed or in a manner dangerous to the public) beyond reasonable doubt; physical 'silent' evidence admitted multiple reasonable inferences and lacked objective/technical corroboration, therefore causation to the death was not established and the accused must be discharged under Section 41(1).

  • 11 Aug 2024

    PERIASAMY A/L GANAPATHY

    Citation
    KA-45A-76-11/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-76-11/2019 (Mahkamah Tinggi)

    Court convicted the accused on the offered alternative charge of possession under section 6 DDA punishable under section 39A(2) and sentenced him to 10 years' imprisonment backdated to date of arrest because the drug weight (229.3g cannabis) was significantly above the statutory minimum and warranted a deterrent sentence; the guilty plea and first offender status mitigated but did not outweigh public interest and deterrence; no whipping ordered due to age under s289(c) KTJ.

  • 24 Nov 2023

    [ ] SAGADEVAN A/L SINNAYA

    Citation
    WA-45JT-17-08/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-45JT-17-08/2021 (Mahkamah Tinggi)

    The Court held that the remand period must be taken into account so the sentence was to run from the date of arrest; guilty plea and first offender status are mitigating but did not preclude imposing the statutory maximum under the alternative charge; accordingly both the accused's appeal against sentence and the prosecution's cross-appeal for a heavier sentence were dismissed.

  • 24 Nov 2023

    [ ] GOBINATH A/L SINNAYA

    Citation
    WA-45JT-13-08/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-45JT-13-08/2021 (Mahkamah Tinggi)

    The Court held that the remand period must be taken into account when fixing the commencement of sentence and therefore the imprisonment term was to run from the date of arrest (20 June 2021); having considered mitigating factors including guilty plea and first offender status, the Court affirmed the conviction and the maximum three-year sentence under Section 43 of the Societies Act 1966 together with the fine, and dismissed both the accused's appeal against excessiveness and the Prosecution's cross-appeal for heavier sentence.

  • 29 Nov 2021

    SELVA PRAKASH A/L GENESAN [ ]

    Citation
    M-05(M)-352-07/2018 (Mahkamah Rayuan)
    Court
    M
    Case number
    M-05(M)-352-07/2018 (Mahkamah Rayuan)

    Given the quantity of methamphetamine (62.4g) demonstrating distribution rather than personal use, and the paramount public interest in deterrence for drug trafficking, a sentence of 12 years imprisonment from date of arrest and 10 strokes of the cane was appropriate and not manifestly excessive.