Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Delay in complaint

  • 23 Jan 2026

    SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

    Citation
    BA-42S-9-09/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-9-09/2024 (Mahkamah Tinggi)

    The High Court correctly treated the appellate order to call the accused to enter his defence as an indication that a prima facie case existed; on full evaluation of the total evidence including the complainant's testimony and supporting material (background, conduct after the event, medical/psychiatric evidence), the elements of rape under s.376(1) were proved beyond reasonable doubt; the accused's inconsistent and unsupported defence failed to raise reasonable doubt; the sentence of 10 years imprisonment and three strokes was not grossly inadequate and should be upheld; suspension of execut…

  • 8 Aug 2025

    Zaidi Bin Dali

    Citation
    AA-42R(A)-4-10/2022 (Mahkamah Tinggi)
    Court
    A
    Case number
    AA-42R(A)-4-10/2022 (Mahkamah Tinggi)

    Recordings were inadmissible for lack of mandatory s43(4) certificate; absence of recovery memo broke the evidential chain for the alleged RM7,000 receipt; investigatory conflicts and unexplained delay/omissions by the complainant further undermined credibility; s50(1) presumption was misapplied because foundational proof of receipt was not established. Accordingly convictions under ss17(a) and 16(a)(B) were unsafe and were set aside leading to acquittal and discharge of appellants.

  • 13 Aug 2024

    SYED MOHD ISKANDAR BIN SYED SAGGOF [ ]

    Citation
    JB-42JSKS-4-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-42JSKS-4-08/2023 (Mahkamah Tinggi)

    The High Court affirmed the conviction and sentence because the trial judge's findings were safe: although the photocopy guest log (P9) was inadmissible for lack of original, the unchallenged oral evidence of the hotel receptionist corroborated the accused's presence and timing; medical evidence of old hymenal tears was consistent with penetration and corroborated the victim; the victim's age could be ascertained from her ID verified in court and her testimony; delay and minor discrepancies did not undermine credibility; the absence of calling 'Ejal' did not create a miscarriage as his eviden…