Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof (s105 evidence act)

Legal area

Court

26 Jan 2026

[Timbalan (TPR), Jabatan Peguam Negara] PANG SIAT FUI

Citation

CB-45B-1-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-1-03/2021 (Mahkamah Tinggi)

Although prosecution proved beyond reasonable doubt that accused caused the fatal stabbing (elements of murder established), on the balance of probabilities the accused discharged the burden under s105 Evidence Act to show legal insanity under s84 Penal Code at the time of the act; accordingly acquittal under s347 KPJ was warranted and the accused is to be detained in a safe place with a report to be prepared under s348(1) KPJ.
14 Feb 2022

Tony Anak Rambor [ ]

Citation

Q-05(M)-4-01/2019 (Mahkamah Rayuan)
Court

M
Case number

Q-05(M)-4-01/2019 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: eyewitness evidence of PW4 and PW12 was credible and corroborated by forensic pathology and DNA on wood chips; defences of provocation, intoxication and sudden fight were not proved on the balance of probabilities; absence of recovery of a specific murder weapon did not vitiate the prosecution's case; conviction for murder and death sentence are safe and are affirmed.