Malaysia Case Law: Decisions & Judgments

Topic

Common intention s34

Legal area

Court

2 Oct 2025

[ ] 1. ) SAYUTI BIN SHAFIE 2. ) Che Nor Mohd Badrull Hisyam Bin Che Nordin

Citation

DA-45A-7-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-7-10/2018 (Mahkamah Tinggi)

Although the prosecution established identity and quantity of drugs, chain of custody and made out a prima facie case at the close of its case, the defence evidence created reasonable doubt and rebutted the statutory presumptions on the balance of probabilities by adducing a plausible innocent/momentary carrier narrative involving a third party (Izuddin) and circumstances (short control period, transfer of vehicle) which rendered conviction unsafe; accordingly both accused were acquitted and discharged.
3 Mar 2022

[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

Citation

WA-45B-26-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-26-02/2018 (Mahkamah Tinggi)

The court held that prosecution proved identity, causation and that injuries causing death were inflicted by the accused as established by credible eyewitness PW16 corroborated by recovered video and post-mortem; the injuries met the threshold of s300(c); common intention under s34 was established by the conduct of all accused; alibi defences of four accused were inadmissible for failure to give s402A notice and the 4th accused's account was found improbable; accordingly all five were convicted of murder and sentenced to death.
13 Oct 2021

PENDAKWARAYA PUBLIC PROSECUTOR 1. CHOONG KAH WEN 2. LIOW PEI FENG

Citation

WA-45A-2-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-2-01/2019 (Mahkamah Tinggi)

The court accepted the prosecution's chemist reports identifying large quantities of dangerous drugs and found credible evidence (seizure location, DNA and fitting tests, witnesses) establishing that both accused were occupants with possession and knowledge; the amounts met s37(da) thresholds and the accused failed to rebut the statutory presumption on balance of probabilities, hence the prosecution proved trafficking beyond reasonable doubt and both accused were convicted and sentenced accordingly.

Malaysia Case Law

[ ] 1. ) SAYUTI BIN SHAFIE 2. ) Che Nor Mohd Badrull Hisyam Bin Che Nordin

[ ] 1. ) KHANTAN A/L NAMASIVAYAM 2. ) LOGAN A/L NAMASIVAYAM 3. ) XXXX 4. ) NAGARAJAN A/L ALAGASAN 5. ) DINESWARAN A/L SIVALINGAM

PENDAKWARAYA PUBLIC PROSECUTOR 1. CHOONG KAH WEN 2. LIOW PEI FENG