Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Common intention (s.34 kk)

Legal area

Court

25 Feb 2026

TAUFIK HIDAYAH BIN ABDULLAH

Citation

N-05(SH)-319-08/2023 (Mahkamah Rayuan)
Court

SH
Case number

N-05(SH)-319-08/2023 (Mahkamah Rayuan)

The Court of Appeal concluded there were no substantial or compelling reasons to disturb the trial judge's findings: SP3 was credible and supported by scene and forensic evidence; SP6 was inconsistent and not credible; common intention under s.34 was established by joint presence, weapons and conduct; non-production of Pathma and admission of SP18 did not render trial unfair. Therefore convictions under s.302 and s.326 Kanun Keseksaan and the sentences imposed are safe and upheld.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-63-09/2022 (Mahkamah Sesyen)

The court held that prosecution proved beyond a prima facie standard that T1 and T2 acquired, transported and retained Cambodian workers and exploited them for forced labour using means including illegal smuggling, retention of passports, debt bondage, confinement and threats; the defendants acted with common intention under section 34; consent was irrelevant; therefore both defendants convicted under section 12 Akta 670 read with section 34 and ordered to pay statutory compensation under section 66A.