Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Compensation under criminal procedure

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)

    The court accepted the sworn testimony of the child victim as competent, credible and reliable under ss.17–18 Akta 792; medical evidence of old hymenal tears corroborated penetration; defence alibi and interested witness evidence failed to raise reasonable doubt; inconsistencies were minor and immaterial; therefore prosecution proved elements of sexual assault (s.14(a) Akta 792) and rape (s.376(2)(f) Kanun Keseksaan) beyond reasonable doubt and the conviction and sentences as imposed were justified and affirmed, with ancillary orders for counselling, police supervision and compensation upheld…

  • 5 Mar 2025

    [ ] MUHAMMAD HAIQAL BIN MOHD SANUDIN

    Citation
    DG-83-10-01/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DG-83-10-01/2023 (Mahkamah Majistret)

    Prosecution failed to prove beyond reasonable doubt that the accused's driving constituted dangerous driving under Section 41(1) APJ and was the proximate cause of death because available evidence indicated a subsequent collision by a third vehicle likely caused the fatal injuries; however prosecution proved driving without due care and attention under Section 43(1) APJ. Accordingly accused is convicted under Section 43(1) APJ and sentenced to a fine and ordered to pay compensation under Section 426 CPC.