Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Assault causing injury

Legal area

Court

18 Feb 2025

Muhammad Shafiq Samsul Bardari

Citation

AH-83-640-12/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-83-640-12/2024 (Mahkamah Majistret)

Court accepted the accused's factual admission and guilty plea but held that the plea did not automatically mandate a discount given the aggravating context (assault on spouse). Applying section 323 read with section 326A (doubling maximum exposure), the court concluded that a two-year imprisonment from date of arrest was lawful, proportionate and necessary in the public interest to mark denunciation and deterrence.
16 Jan 2024

HAIRUL AZHAM BIN HAZELAN [ ]

Citation

B-09-195-05/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-09-195-05/2022 (Mahkamah Rayuan)

The use of the term 'penderaan' in the first charge and any omission of detailed particulars did not prejudice the appellant because the manner of the alleged offences was established in the prosecution evidence, the appellant was able to mount a full defence, and statutory provisions (notably ss156 and 422 CPC) and authority permit non-fatal defects to be cured; furthermore the trial judge's credibility findings were properly made and not to be disturbed on appeal; therefore conviction and sentence were affirmed.