Malaysia Case Law: Decisions & Judgments

Topic

Elements of offence

Legal area

Court

24 Oct 2024

PHANOMPHON KEAWNUPRASIT

Citation

RA-83-93-02/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

RA-83-93-02/2022 (Mahkamah Majistret)

Prosecution failed to prove a prima facie case under Section 506 because material elements were unproven or in doubt: the alleged weapon was not identified by the victim, key witness evidence was inconsistent or unavailable to confirm the swinging of the parang, the report filed by the complainant was hearsay from the victim, and the investigation by the officer was incomplete. These deficiencies produced more than one inference and entitled the accused to benefit of the doubt, requiring discharge and acquittal at the close of the prosecution.
7 Feb 2024

CLARE BROWN

Citation

TA-83-232-09/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83-232-09/2021 (Mahkamah Majistret)

The court held that prosecution proved beyond prima facie that Clare Brown authored and published the defamatory statement concerning the Sultanah, that the accused absconded and thereby waived the right to be present so trial in absentia under section 425A CPC was proper, that absence of the alleged victim's testimony did not vitiate the case because other aggrieved persons and documentary evidence sufficed, and accordingly convicted under section 500 Penal Code and imposed two years' imprisonment (maximum for the offence).
1 Mar 2021

[Jabatan Peguam Negara] TAY KIANG HEONG

Citation

D-09(H)-505-10/2018 (Mahkamah Rayuan)
Court

H
Case number

D-09(H)-505-10/2018 (Mahkamah Rayuan)

Concurrent factual findings that prosecution proved the elements of s354 were supported by credible and corroborated testimony and post-incident conduct; absence of CCTV and incomplete CRT recording did not vitiate trial because CCTV did not exist and long-hand notes complied with Criminal Procedure Code; conviction affirmed. Sentencing was insufficient at 3 months; having regard to seriousness and sentencing trends the appropriate custodial term is 1 year while maintaining the RM8,000 fine (8 months default).
17 Feb 2021

MUHAMMAD LUKMAN BIN MOHAMAD

Citation

05(M)-300-12/2019(B) (Mahkamah Persekutuan)
Court

M
Case number

05(M)-300-12/2019(B) (Mahkamah Persekutuan)

Net weight/quantity of dangerous drugs specified in trafficking charges is an essential element; where prosecution fails to quantify or scientifically determine the amount claimed in the charges the prosecution cannot sustain a trafficking conviction under section 39B(1)(a). On these facts, because the chemist did not perform quantitative analysis and no other evidence established the charged quantities, convictions for the Delta-9 trafficking charges were unsafe and were set aside and substituted with convictions for possession under section 9 DDA 1952; medicinal use did not exempt appellant…
11 Dec 2020

1. ) Ten Kok Weng 2. ) Pendakwaraya 1. ) Pendakwaraya 2. ) Ten Kok Weng

Citation

WA-41S-19-11/2019 dan WA-41H-54-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41S-19-11/2019 dan WA-41H-54-11/2019 (Mahkamah Tinggi)

The charge under section 186 was defective because it omitted the essential mens rea element of voluntariness; a charge that fails to allege every ingredient of the offence does not disclose an offence and conviction and sentence must be quashed and the accused acquitted.

Malaysia Case Law

PHANOMPHON KEAWNUPRASIT

CLARE BROWN

[Jabatan Peguam Negara] TAY KIANG HEONG

MUHAMMAD LUKMAN BIN MOHAMAD

1. ) Ten Kok Weng 2. ) Pendakwaraya 1. ) Pendakwaraya 2. ) Ten Kok Weng