Malaysia Case Law: Decisions & Judgments

Topic

Credibility of eyewitnesses

Legal area

Court

14 Sept 2022

[ ] THINES WARAN A/L THAMIL VANAN

Citation

JA-45B-4-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45B-4-03/2019 (Mahkamah Tinggi)

Medical evidence established blunt force trauma causing diffuse axonal injury and brainstem hemorrhages that were sufficient in the ordinary course of nature to cause death; multiple independent eyewitnesses placed the accused inflicting those injuries; defence account failed to raise reasonable doubt; therefore elements of section 300(c) were satisfied and accused convicted for murder under section 302 Penal Code and sentenced to mandatory death.
24 Jun 2022

MUTHUKUMAR A/L M SINNATHAMBY [ ]

Citation

B-05(M)-631-12/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-631-12/2018 (Mahkamah Rayuan)

The Court held the prosecution did not prove the essential elements of the offences beyond reasonable doubt because eyewitnesses were inconsistent and admitted not seeing the weapon, the linkage between the appellant and the blade exhibits was not established (missing fingerprints, discrepancy in number of blades), material medical records and treating doctor from HTAR were not produced, and the trial judge failed to critically analyse these matters. Those cumulative defects made the convictions unsafe; accordingly convictions under s.302 and s.324 and associated sentences were quashed and th…
16 Feb 2022

SIA PECK HONG SEBAGAI BALU YANG SAH DAN PENANGGUNGAN KEPADA ONG TIAN LIM SIMATI UNTUK DIRI SENDIRI XXXX

Citation

JA-12B-95-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-95-11/2020 (Mahkamah Tinggi)

The plaintiff failed to prove on the balance of probabilities that the defendants' car caused the accident because eyewitness accounts were inconsistent or unreliable, the key photograph was not produced contemporaneously to police, the vehicle owner provided admissible evidence that the car was not in use and the chemist's report found no forensic link; accordingly the Sessions Court judgment dismissing the claim was affirmed.
14 Feb 2022

Tony Anak Rambor [ ]

Citation

Q-05(M)-4-01/2019 (Mahkamah Rayuan)
Court

M
Case number

Q-05(M)-4-01/2019 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: eyewitness evidence of PW4 and PW12 was credible and corroborated by forensic pathology and DNA on wood chips; defences of provocation, intoxication and sudden fight were not proved on the balance of probabilities; absence of recovery of a specific murder weapon did not vitiate the prosecution's case; conviction for murder and death sentence are safe and are affirmed.

Malaysia Case Law

[ ] THINES WARAN A/L THAMIL VANAN

MUTHUKUMAR A/L M SINNATHAMBY [ ]

SIA PECK HONG SEBAGAI BALU YANG SAH DAN PENANGGUNGAN KEPADA ONG TIAN LIM SIMATI UNTUK DIRI SENDIRI XXXX

Tony Anak Rambor [ ]