Malaysia Case Law

2 Mar 2026

ZOLKAPLI BIN LONG @ MOHAMAD [TIMBALAN ]

Citation

K-06B-64-08/2023 (Mahkamah Rayuan)

Court

Court of Appeal

Case number

K-06B-64-08/2023 (Mahkamah Rayuan)

The Court held that omission by HCJ1 to record written reasons when ordering the accused to enter defence at an interlocutory appellate stage is not per se fatal; HCJ1's order signified a prima facie finding and did not occasion failure of justice here; HCJ2 was entitled to re-evaluate the Magistrate's appreciation of evidence, exclude inadmissible exhibits (s90A(7)) and conclude the prosecution proved the offence beyond reasonable doubt; conviction and 18-month sentence affirmed.

• Appeal on credibility findings
• Section 354 penal code (outraging modesty)
• Section 319 criminal procedure code (appeal certificate)
• Admissibility of computer-produced documents (s90a evidence act)
• Earliest reasonable opportunity rule
• Safety of conviction