Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Grievous hurt (section 326 penal code)

Legal area

Court

18 Nov 2024

MUHAMMAD SUHARDI BIN DIN

Citation

AG-62-15-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-62-15-09/2024 (Mahkamah Sesyen)

Court accepted medical report that accused was fit to stand trial, accepted unqualified guilty plea and found elements of Section 326 established (use of a parang causing deep laceration, exposed bone/tendon and fractured ulna). Considering gravity, aggravating factors (weapon, location in victim's home, serious injury, premeditation) and public interest deterrence, court exercised its sentencing discretion to impose 8 years' imprisonment from date of arrest and a fine of RM10,000 (6 months default).
14 Dec 2021

MUHAMMAD FAIZ BIN MOHD RUSELI [ ]

Citation

DA-42S-7-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42S-7-07/2020 (Mahkamah Tinggi)

The High Court held the prosecution established all elements of Section 326: appellant (with another) caused grievous hurt intentionally using a weapon; police reports P1 and P9 were admissible because their makers testified and identified them; the discovery of the wooden implement P5 by the appellant satisfied Section 27 and linked the weapon to the injuries corroborated by medical evidence; common intention under Section 34 was established by eyewitnesses; absence of peripheral witnesses did not warrant adverse inference; trial judge properly assessed defence and mitigation; therefore conv…