Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Charge substitution

  • 25 Mar 2025

    Low See Leong [ ]

    Citation
    B-05(SH)-219-05/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    B-05(SH)-219-05/2024 (Mahkamah Rayuan)

    Appellate court allowed both appeals, held the trial court's findings that appellants were in custody or control of the drugs and exhibited wilful blindness were not displaced by the defences; however, on representation accepted by the Attorney General's Chambers the appropriate disposition was to substitute the original trafficking convictions under s.39B with convictions under s.12(2) (punishable under s.39A(2)). Considering sentencing trend, mitigation and public interest the appropriate sentence for each appellant is 17 years' imprisonment from date of arrest (10 November 2018) and 10 str…

  • 7 Aug 2020

    PENDAKWARAYA PENDAKWARAYA KONG CHIA WEE ( 810611115013 )

    Citation
    CA-86-1-01/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CA-86-1-01/2019 (Mahkamah Majistret)

    Magistrate found prosecution established a prima facie case under s.41(1) but, on full assessment, defence raised a reasonable doubt as to whether the accused's conduct alone caused the death; mute evidence and sketch indicated impact occurred in accused's lane and an intervening cause (sudden appearance of a dog and contribution by the other driver's conduct) existed. Therefore the elements for s.41(1) were not proved beyond reasonable doubt but the prosecution proved careless driving under s.43(1); conviction substituted to s.43(1) and fine RM6,000 imposed, default 4 months imprisonment, an…