Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Forensic dna evidence

  • 23 Jul 2025

    MUHAMMAD YUSOF BIN MOHAMAD ABDUL RAHMAN

    Citation
    AG-62JS-1-10/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AG-62JS-1-10/2024 (Mahkamah Sesyen)

    The court found the prosecution proved beyond a prima facie and ultimately beyond reasonable doubt the elements of s.376(2): the victim's credible and consistent testimony, corroborating witness accounts, and forensic DNA linking the accused to semen on the rear seat established penetration without consent and immediate prior threats; the accused's sworn denial and explanations were uncorroborated and amounted to a bare denial, failing to raise reasonable doubt; accordingly the accused was convicted and sentenced.

  • 27 Jan 2025

    [TIMBALAN ] Muhammad Hairil Izzuan Bin A Samad

    Citation
    BA-45B-26-08/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-26-08/2021 (Mahkamah Tinggi)

    Applying maximum evaluation to prosecution evidence, the court found death caused by neck compression (fatal, homicidal), established that accused was last known with deceased and mixed DNA and accused's conduct (inconsistent statements, directing to concealed items) linked him to the scene; these combined facts proved all elements of murder under s302 beyond reasonable doubt, warranting conviction.

  • 20 Sept 2022

    MAHENDARA RAO A/L SURUNARAYANA [ ]

    Citation
    B-05(M)-55-02/2020 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-55-02/2020 (Mahkamah Rayuan)

    Zulazwan's conviction and death sentence were upheld because the Court found he was in custody of the suitcase, DNA linked him to the suitcase, his conduct and surrounding circumstances established wilful blindness defeating the innocent carrier defence and satisfied possession and trafficking elements; Mahendara's conviction was unsafe because there was no independent or corroborated evidence linking him to the drugs or demonstrating common intention, CCTV and phone evidence were inadequate and his conviction and sentence were set aside.