Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Criminal intimidation (s506 penal code)

Legal area

Court

8 May 2024

DARVINRAJ A/L SUBRAMANIAM

Citation

AA-61-3-08/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-61-3-08/2020 (Mahkamah Sesyen)

The prosecution failed to prove essential elements of the offences and did not establish a prima facie case: there was no evidence of intention to murder (accused stated he would shoot himself), no direct evidence that the accused discharged the pistol, absence of gunshot residue linking accused to the firing, inconsistencies between witness accounts and medical evidence regarding injuries, and no evidence of telephone threats; accordingly the accused was acquitted and discharged without calling defence.
20 May 2021

Abd Ghani bin Abd Karim

Citation

WA-42S-6-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-6-07/2020 (Mahkamah Tinggi)

The trial judge's acceptance of the victim's credible, detailed testimony was supported by corroborative evidence (medical evidence of vaginal tear consistent with timing, discovery of a green screwdriver, and unique identifying feature), the appellant failed to provide a valid or substantiated alibi (exhibit D38 was vague and no proper notice provided), and there were no compelling reasons to disturb the factual findings; therefore conviction under s376(1) and s506 and the sentences imposed were affirmed.