Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Charge drafting

  • 10 Apr 2026

    FAZIL@MALINDO BIN FAIZAL

    Citation
    JA-43-5-04/2026 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-43-5-04/2026 (Mahkamah Tinggi)

    The Sessions Court exceeded its jurisdiction by imposing one stroke of whipping because Section 7(1) of Act 357 prescribes only imprisonment; the defective charge sheet that included whipping constituted an error of law justifying revision under Sections 31, 35 and 325 CPC, therefore the whipping sentence is set aside and the imprisonment sentence affirmed.

  • 3 Dec 2025

    TAN EE SENG

    Citation
    PB-44-6-06/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PB-44-6-06/2025 (Mahkamah Tinggi)

    The charge satisfied ss.152 and 153 Kanun Tatacara Jenayah and clearly stated the elements of s.471 Penal Code; s.154 was inapplicable because the particulars given were sufficient; disputed factual issues about the document's genuineness must be resolved at full trial; there was no evidence of abuse of process or miscarriage of justice to warrant exercise of the High Court's inherent jurisdiction; therefore the application to quash was dismissed and the case remitted to the Sessions Court.

  • 21 May 2025

    NG KIM LEONG

    Citation
    DG-83-31-02/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DG-83-31-02/2024 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case because it did not establish that the seized cigarettes were imported prohibited goods (evidence on origin was uncertain and inadequate) and failed to prove the accused had exclusive possession or knowledge; therefore statutory presumptions under the Customs Act could not be invoked and the accused was acquitted without being called to defend.