Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Exhibit identification

Legal area

Court

5 May 2025

1. ) NARESH NAIDU A/L APPALOONIODU 2. ) NORAZARUDIN BIN BAHARI

Citation

BA-41LB(A)-7-11/2024 (Mahkamah Tinggi)
Court

A
Case number

BA-41LB(A)-7-11/2024 (Mahkamah Tinggi)

The High Court upheld the magistrate's discharge of the accused because the prosecution failed to prove the two essential elements of Section 384 (intimidation causing fear of injury and fraudulent inducement to deliver property), the sole eyewitness (complainant) gave inconsistent and unreliable evidence, and the prosecution failed to produce and have witnesses identify the seized cash (amount seized inconsistent with alleged RM300), thereby failing to establish a prima facie case to call the accused to defend themselves.
1 Aug 2022

DAMODRAN PREMKUMAR A/L VIGIA KUMARIAN [ ]

Citation

A-05(M)-27-01/2020 (Mahkamah Rayuan)
Court

M
Case number

A-05(M)-27-01/2020 (Mahkamah Rayuan)

The Court of Appeal affirmed the trial judge's findings that the prosecution proved possession and knowledge by direct observation and objective links (documents in the seized bag), the chain of custody was intact and the chemical analysis established the drugs and statutory weight triggering the trafficking presumption; the appellant's defence was mere denial and failed to raise reasonable doubt, therefore conviction and death sentence were upheld.