Malaysia Case Law: Decisions & Judgments

Topic

Defective charge particulars

Legal area

Court

21 Feb 2025

TEIK JOO CHAN SDN. BHD.

Citation

AI-87-16-06/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AI-87-16-06/2023 (Mahkamah Majistret)

The prosecution failed to establish a prima facie case under s57(1)(b)(vi) Akta Pengangkutan Awam Darat 2010 because critical elements were unproven or undermined: digital images were inadmissible without s90A proof, the weighing-related exhibits were incomplete or inconsistent (missing trailer identification, incomplete calibration documentation, discrepancies between permits and tickets), and the chain of custody and correct particulars of offence (time/place) were not established, creating reasonable doubt such that the accused could not properly be called to defend.
23 May 2023

[ ] Faisal Bin Nurdin

Citation

BA-41LB-30-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-41LB-30-08/2022 (Mahkamah Tinggi)

Appeal dismissed; appellate court declined to disturb Magistrate's acquittal because the trial Magistrate, who saw and heard witnesses, permissibly found defence expert SD4's evidence raised reasonable doubt on critical psychological and credibility issues, there was no safe corroboration of the child's evidence and no proof of criminal force causing injury/fear, and despite the Magistrate's judgment being terse the record supported the acquittal.
7 Oct 2020

PENDAKWARAYA Pejabat Timbalan Selangor MUHAMMAD RADZI BIN MOHD SHAARI, NUR SYAZANA ZAWANI BINTI MOHD MOHTAR, MUHAMMAD RADZI BIN MOHD SHAARI & NUR SYAZANA ZAWANI BINTI MOHD MOHTAR

Citation

BA-45A-135-12/2017, BA-45-2-02/2018 & BA-45-3-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-135-12/2017, BA-45-2-02/2018 & BA-45-3-02/2018 (Mahkamah Tinggi)

Maximum evaluation of prosecution evidence showed material discrepancies and gaps: critical witness evidence (SP7/SP8) was inconsistent on discovery sequence and actions; keys were found on table and not tied conclusively to accused; brown bag was handed over at officer's instruction undermining accused's knowledge/custody; food container was likely closed and no evidence of common intention; prosecution failed to call or justify calling relevant witnesses (eg. Anas/Nasrul) and did not rebut defence inferences. On that basis prima facie case was not made out for any charge and accused were ac…

Malaysia Case Law

TEIK JOO CHAN SDN. BHD.

[ ] Faisal Bin Nurdin

PENDAKWARAYA Pejabat Timbalan Selangor MUHAMMAD RADZI BIN MOHD SHAARI, NUR SYAZANA ZAWANI BINTI MOHD MOHTAR, MUHAMMAD RADZI BIN MOHD SHAARI & NUR SYAZANA ZAWANI BINTI MOHD MOHTAR