Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Charge amendment (s.158 cpc)

Legal area

Court

6 Jun 2025

MOHD NIZAM SHAH BIN SHAHRUDDIN

Citation

AB-45B-2-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-45B-2-07/2020 (Mahkamah Tinggi)

Prosecution failed to prove murder (s.302) beyond reasonable doubt because credible evidence showed multiple assailants, contemporaneous statements and the defendant's sworn testimony raised reasonable doubt as to sole responsibility and specific intent to kill; medical evidence established cause of death (severe lung injury from rib fractures) but did not prove defendant knew of victim's fragile health or had intent to kill; accordingly charge amended to s.304(b) and defendant convicted under that provision.
22 Sept 2021

ONG SWEE AN [Jabatan Peguam Negara]

Citation

P-05(SH)-471-10/2019 (Mahkamah Rayuan)
Court

SH
Case number

P-05(SH)-471-10/2019 (Mahkamah Rayuan)

Trial court's credibility findings endorsing the arresting officer's testimony established appellant's physical possession and knowledge of drugs found in bag; statutory presumption of trafficking applied for two counts by weight; third count lacked trafficking evidence and was properly amended to possession under s.158 CPC; evidentiary and investigative complaints (CCTV, owner not called) did not create reasonable doubt nor justify adverse inference under s.114(g).