Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Double jeopardy/duplicity

Legal area

Court

17 Mar 2025

MOHD SHARWANDY BIN SOLLAHUDIN

Citation

KA-42ES-2-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-42ES-2-06/2024 (Mahkamah Tinggi)

The High Court held that the charges under s68(2)(a) and s86(1)(c) are distinct offences (general keeping vs keeping in a manner causing suffering) so no double jeopardy arises; the prosecution adduced sufficient prima facie evidence of 'menyimpan' by demonstrating custody/control of the 81 pangolins through rental/payment records, surveillance, presence and conduct of appellant, and seizure evidence; minor inconsistencies and alleged investigative gaps were immaterial; sentencing was within the trial court's discretionary range — accordingly all appeals were dismissed and convictions and sen…
17 Mar 2025

MOHD SHARWANDY BIN SOLLAHUDIN

Citation

KA-42ES-1-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-42ES-1-06/2024 (Mahkamah Tinggi)

Charges under s.68(2)(a) and s.86(1)(c) of Act 716 are distinct (general unlawful keeping vs keeping in a manner causing suffering); prosecution adduced sufficient prima facie evidence of possession/control of 81 pangolins by the appellant; minor investigative omissions and small inconsistencies do not undermine the overall case; therefore convictions and sentences of the Sessions Court are upheld and appeals dismissed.