Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Dangerous drugs act offences

Legal area

Court

4 Oct 2024

SANTANASAMY A/L MUTHIAH [ ]

Citation

05(M)-146-08/2022(W) (Mahkamah Persekutuan)
Court

M
Case number

05(M)-146-08/2022(W) (Mahkamah Persekutuan)

There is no statutory provision authorising concurrent execution of whipping/caning and established jurisprudence consistently construes the statutory regime and legislative omission to mean corporal punishments must be executed consecutively; therefore courts must order whipping to be carried out consecutively and not concurrently.
11 May 2023

ABDUL HALIM BIN SALEHUDIN

Citation

KA-62D-368-09/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KA-62D-368-09/2021 (Mahkamah Sesyen)

After maximum evaluation the court found material inconsistencies, lacunae and doubts in the prosecution's eyewitness and arrest evidence (notably SP2) and absence of any credible witness who saw the accused wearing the seized bag at the moment of arrest; chain of custody and sequencing of events were not satisfactorily established and no credible corroboration covered those gaps, therefore the prosecution failed to prove a prima facie case and the accused must be released and acquitted without being called to enter his defence.