Malaysia Case Law: Decisions & Judgments

Topic

Fitness to stand trial

Legal area

Court

11 Jan 2024

[TIMBALAN ] ZOWIE CHOONG KIM LIANG

Citation

BA-45A-7-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-7-02/2021 (Mahkamah Tinggi)

Court found the guilty plea valid and voluntary and the accused fit to plead; after weighing mitigation (mental illness, cooperation, guilty plea, family support) against aggravating factors (multiple trafficking offences, varied and large quantities, public interest), the appropriate exercise of sentencing discretion was life imprisonment and 12 strokes for the trafficking counts and three years' imprisonment for the possession counts, all to run concurrently from date of arrest.
11 Aug 2020

KHIEW BU POH

Citation

W-05(M)-106-02/2019 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-106-02/2019 (Mahkamah Rayuan)

Although s343(3) CPC was not complied with in that the hospital letter/certificate was not produced, the appellate court found no reason to suspect the appellant was of unsound mind on the evidence; toxicology was negative, CCTV and appellant's actions demonstrated rational, deliberate conduct and therefore non‑production did not occasion a miscarriage of justice; conviction and death sentence are safe and appeal is dismissed.
25 Sept 2019

MUHD HASLAM BIN ABDULLAH

Citation

B-05(M)-411-09/2017 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-411-09/2017 (Mahkamah Rayuan)

Conviction was unsafe because the mandatory procedural safeguards under ss 342 and 343 CPC were not properly evidenced or addressed (medical certificate not tendered/assessed and insufficient judicial engagement with the appellant's documented long‑term mental disability), combined with unresolved evidential discrepancies and investigative gaps that raised reasonable doubt as to possession and knowledge; accordingly appeal allowed and conviction/quashing justified.

Malaysia Case Law

[TIMBALAN ] ZOWIE CHOONG KIM LIANG

KHIEW BU POH

MUHD HASLAM BIN ABDULLAH