Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dying declaration

  • 28 Oct 2022

    [ ] GOPAL NAIR A/L KRISHNAN

    Citation
    BA-45-22-05/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-22-05/2018 (Mahkamah Tinggi)

    The court found the prosecution failed to establish the identity of the accused on a prima facie standard because identification evidence was unreliable or procedurally defective (including non-compliance with Turnbull guidelines and ID parade safeguards, twin-identification ambiguity, and labelling/signature errors), medical evidence did not corroborate alleged slashing, and alibi/denial evidence further undermined linkage; accordingly no prima facie case existed and all accused were acquitted and discharged.

  • 28 Oct 2022

    [ ] GOPAL NAIR A/L KRISHNAN

    Citation
    BA-45B-19-04/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-19-04/2018 (Mahkamah Tinggi)

    The court acquitted and discharged all three accused because the prosecution failed to prove the identity of each accused on a prima facie standard: key witnesses gave inconsistent and unreliable accounts; identification evidence failed Turnbull scrutiny; ID parade reports were flawed (labelling errors, absence of signatures, non‑attendance of witnesses to prove parade identifications) and special problems arose with identical twins making identification unsafe; medical evidence did not support the alleged slashing injuries. Consequently there was insufficient evidence to call the accused to…

  • 28 Oct 2022

    [ ] Vignes A/l Valamarajah

    Citation
    BA-45B-20-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-20-07/2020 (Mahkamah Tinggi)

    The prosecution failed to establish a prima facie case because the identity of each accused was not satisfactorily proven: the principal eyewitness denied the first accused was the person at the scene, the second accused was not identified according to Turnbull standards and later died in custody, and the third accused’s identification was undermined by identical twin ambiguity and procedurally defective ID parades; these defects, together with inconsistent witness accounts and lack of corroborative forensic or medical evidence, mandated acquittal.

  • 21 Sept 2020

    PENDAKWARAYA MUHAMMAD SIDDIQ BIN ABDULLAH

    Citation
    BA-45B-61-12/2017 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-61-12/2017 (Mahkamah Tinggi)

    On maximum evaluation the prosecution proved beyond reasonable doubt that the deceased died from multiple blunt force trauma inflicted by the accused (supported by dying declaration, DNA linking accused and deceased to weapons and clothing, pathology consistent with inflicted injuries) and that the injuries were inflicted with intent sufficient under limb (c) of s.300 Penal Code; defences (intoxication, incapacity, alibi) failed to raise reasonable doubt; conviction and mandatory death sentence under s.302 followed.