Malaysia Case Law: Decisions & Judgments

Topic

Grievous hurt (section 326)

Legal area

Court

9 Nov 2022

[ ] YUVARAJA A/L NADIVELU

Citation

AA-42H-15-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42H-15-06/2022 (Mahkamah Tinggi)

Appeal allowed and original 3‑year sentence set aside and replaced with 10 years' imprisonment and two strokes because the trial judge gave excessive weight to mitigation, failed to apply exceptions to plea‑discount provisions for serious offences against a child, and failed to give appropriate weight to public interest, deterrence and the sentencing trend including the doubling effect of section 326A.
28 Oct 2022

[ ] Vignes A/l Valamarajah

Citation

BA-45-24-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-24-07/2020 (Mahkamah Tinggi)

Court held prosecution failed to prove a prima facie case against all three accused because identification evidence was unreliable or contradicted (victim denied 1st accused, ID parade procedures were defective and confused by identical twins, labelling errors and absence of signatures, no satisfactory linkage from motive evidence), medical and history evidence did not support assault allegations, and alibi/denials undermined identity; accordingly all accused were acquitted and discharged.
10 Dec 2019

Mohamad Zulkifli bin Ismail

Citation

T-05(M)-290-05/2018 (Mahkamah Rayuan)
Court

M
Case number

T-05(M)-290-05/2018 (Mahkamah Rayuan)

The Court held that the totality of eyewitness and forensic evidence established the appellant inflicted a stab to a vital chest area causing massive hemorrhage and death and, together with subsequent conduct (chasing and further assaulting an incapacitated victim), supported an inference of intention/knowledge falling within section 300(c) (murder); defences of private defence and accident were unsupported and the trial judge did not err in convicting under section 302 and imposing the sentences which were therefore upheld.

Malaysia Case Law

[ ] YUVARAJA A/L NADIVELU

[ ] Vignes A/l Valamarajah

Mohamad Zulkifli bin Ismail