Malaysia Case Law: Decisions & Judgments

Topic

Credibility and afterthought defence

Legal area

Court

2 Oct 2025

JENKINS RICHARD MAXWELL

Citation

BC-62JSK-114-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BC-62JSK-114-08/2022 (Mahkamah Sesyen)

The court found the prosecution proved beyond reasonable doubt the essential elements of s14(a) read with s16 SOACA (sexual touching by a person in relationship of trust) and s376(3) Penal Code (penetrative sexual intercourse with a girl under 16 where marriage prohibited) based on credible, consistent testimony of child victims corroborated by medical evidence and other witnesses; amendments to charges were lawful and non‑prejudicial; defence consisted of uncorroborated denials and afterthoughts which failed to raise reasonable doubt, therefore conviction follows.
4 Jan 2024

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Citation

W-09-363-10/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-09-363-10/2022 (Mahkamah Rayuan)

D26 (the screenshot) was a computer-produced document sourced from the appellant's phone and was inadmissible because the statutory safeguards under s90A Evidence Act were not satisfied and s90A(7) barred admission by the accused; the defence witness SB3 was an afterthought and did not create reasonable doubt; independent testimony (SP1, SP3, SP4) and surrounding facts proved trafficking under s13 read with s34 beyond reasonable doubt; conviction was therefore upheld but sentence reduced on mitigation.
25 Aug 2023

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Citation

PA-45A-55-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-55-08/2018 (Mahkamah Tinggi)

Court found prosecution proved identity and weight of methamphetamine, established accused's actual possession and knowledge by circumstances (locked house, keys, sole occupant, DNA and conduct), statutory presumption of trafficking under s.37(da) arose given the large quantity, defence explanation involving "Martin" was an afterthought and failed to raise reasonable doubt; therefore accused convicted under s.39B(1)(a) DDA 1952.
12 Aug 2020

PENDAKWARAYA IDRIS BIN MOHAMED

Citation

42JSKLB-10-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

42JSKLB-10-10/2019 (Mahkamah Tinggi)

Appeal dismissed because the High Court held the trial judge correctly exercised his fact‑finding function: defence evidence and omissions in investigation (failure to take SD2/Aimi statements and to seize the mobile phone) created reasonable doubt and the complainant's evidence was not sufficiently 'unusually convincing' to dispense with corroboration; therefore acquittal at the end of defence was properly maintained.

Malaysia Case Law

JENKINS RICHARD MAXWELL

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PENDAKWARAYA IDRIS BIN MOHAMED