Malaysia Case Law: Decisions & Judgments

Topic

Capital punishment

Legal area

Court

2 Aug 2023

Mohammad Firdaus Bin Mohsin [ ]

Citation

B-05(M)-501-12/2021 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-501-12/2021 (Mahkamah Rayuan)

The Court held the High Court correctly applied the presumption under s.37(d) ADB 1952 and made an affirmative finding of possession and knowledge; the appellant failed to rebut that presumption on the balance of probabilities based on credible testimony (SP4, SP5, SP6) and logical inference, so the conviction and death sentence were safe and must be affirmed.
13 Aug 2021

Nguyen Van Chung [Timbalan (TPR), Jabatan Peguam Negara]

Citation

B-05(M)-488-10/2019 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-488-10/2019 (Mahkamah Rayuan)

The Court of Appeal held that the prosecution's failure to call an important eyewitness (Nguyen Thi Ly), who was said to have been present, prejudiced the prosecution's case; the trial judge erred by relying predominantly on the interested witness (SP5) and failing to apply s114(g) Evidence Act 1950; because the prosecution had not discharged the burden beyond reasonable doubt the conviction for murder was unsafe and was quashed and the death sentence set aside.
20 Nov 2019

JAZLIE BIN JAAFAR

Citation

05-79-04/2017(W) & 05-78-04/2017(W) (Mahkamah Persekutuan)
Court

W
Case number

05-79-04/2017(W) & 05-78-04/2017(W) (Mahkamah Persekutuan)

Section 36 DDA applies to trafficking prosecutions and shifts the burden to the accused to prove any authority or lawful excuse; prosecution need only adduce evidence of possession and statutory minimum weight to trigger the rebuttable presumption in s37(da); a factual finding of possession is required before invoking the presumption; accordingly the trial judge correctly invoked s37(da) and the convictions and death sentences were upheld.
1 Jan 1900

PENDAKWARAYA Timbalan Amylia Binti Abdul Rahman

Citation

JA-81-36-02/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-81-36-02/2021 (Mahkamah Majistret)

The Magistrate correctly refused the bail application because a Magistrate does not have original jurisdiction to grant bail in offences punishable with death; bail applications in such cases must be made to the High Court and the Magistrate's role is limited to remand and transmission to the High Court once procedural prerequisites are met.

Malaysia Case Law

Mohammad Firdaus Bin Mohsin [ ]

Nguyen Van Chung [Timbalan (TPR), Jabatan Peguam Negara]

JAZLIE BIN JAAFAR

PENDAKWARAYA Timbalan Amylia Binti Abdul Rahman