Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof at close of prosecution case

Legal area

Court

12 Jan 2026

MOHD FAISAL BIN MOHD JASNI

Citation

CB-83-136-05/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83-136-05/2025 (Mahkamah Majistret)

The court found the prosecution proved beyond reasonable doubt that the accused was the driver of lorry JSA2860, that he attempted to overtake and failed to leave sufficient space thereby creating an objectively dangerous situation which caused the motorcycle to fall and the death of Maryaton binti Othman; the defence account was inconsistent and did not raise a reasonable doubt, therefore conviction under s.41(1) Road Transport Act 1987 was warranted.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-17-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-17-04/2021 (Mahkamah Tinggi)

The High Court allowed the appeals: the section 420 charges were defective because the prosecution's own materials showed monies were paid to a third party (Ganang Resources) and the charges as drafted misled the accused such that sections 156 and 422 CPC could not cure the defect; on the merits a maximum evaluation of the evidence supported a reasonable inference of a friendly loan and repayments (including documentary bank evidence and civil pleadings) and the Sessions Court failed to perform the necessary maximum evaluation; convictions and sentences were set aside and the appellant was ac…