Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Assessment of witness credibility on appeal

  • 23 Jan 2026

    ABDUL JALIL BIN JAMALUDIN

    Citation
    WA-42S-2-05/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42S-2-05/2024 (Mahkamah Tinggi)

    Conviction and sentence affirmed because the prosecution proved beyond reasonable doubt that the appellant had actual possession and knowledge of two separate cannabis exhibits; the chain of custody was satisfactorily established and amendments to Pol 31 were adequately explained; the defence evidence and videos did not raise a reasonable doubt or support the planting allegation; trial judge's credibility findings were proper and not liable to appellate interference.

    • Possession of dangerous drugs
    • Chain of custody of exhibits
    • Presumption under s.114(g) evidence act
    • Assessment of witness credibility on appeal
    • Sentencing review

  • 6 Jan 2025

    Mohd Noor Affendi bin Zauklfli

    Citation
    T-06B-6-01/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    T-06B-6-01/2023 (Mahkamah Rayuan)

    The Court affirmed the acquittal because the defence raised an innocent explanation that rebutted the statutory presumption under section 50(1) SPRM Act on the balance of probabilities and created reasonable doubt on the money‑laundering counts; absence of direct evidence that the accused detained or released vessels, non-production of material documents by investigators, and credible defence testimony were decisive; no sufficient reason existed to disturb the trial court's credibility findings on appeal.

    • Bribery under sprm act 2009
    • Money laundering (apwaptpf 2001)
    • Presumption under section 50 sprm act
    • Rebuttal on balance of probabilities
    • Adverse inference section 114(g) evidence act
    • Assessment of witness credibility on appeal

  • 26 Feb 2021

    TAN HUI KIAT PUBLIC PROSECUTOR

    Citation
    WA-42R-8-09/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42R-8-09/2019 (Mahkamah Tinggi)

    The appeal was dismissed because the High Court deferred to the Sessions Court's credibility findings supported by testimonial and forensic evidence establishing dishonest use of forged cheques under Sections 471 and 467 of the Penal Code, and the sentence imposed was not manifestly excessive nor wrong in principle.

    • Using forged document (section 471)
    • Forgery of valuable security (section 467)
    • Assessment of witness credibility on appeal
    • Standard for interfering with sentence