Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Grievous hurt (s326 penal code)

Legal area

Court

7 Feb 2024

[ ] Amin bin Abdullah

Citation

Q-05(LB)-352-08/2019 (Mahkamah Rayuan)
Court

LB
Case number

Q-05(LB)-352-08/2019 (Mahkamah Rayuan)

The Court of Appeal held the trial judge erred in finding that reasonable doubt was raised; notwithstanding flaws in the second identification parade, eyewitness recognition corroborated by medical and investigative evidence established the respondent's identity and guilt beyond reasonable doubt, therefore the acquittal was quashed and the respondent convicted of murder (s302) and two counts of grievous hurt (s326).
22 Jun 2020

PENDAKWARAYA PUBLIC PROSECUTOR GUY BOON LEANG

Citation

WA-42S-23-05/2019; WA-42H-25-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-23-05/2019; WA-42H-25-05/2019 (Mahkamah Tinggi)

The High Court held that the Sessions Court correctly read the amended charge under the CPC, the prosecution proved the elements of s326 beyond reasonable doubt based on credible eyewitness and medical evidence, the accused failed to establish private defence on balance of probabilities, and the sentence of a two-year binding over under s294 CPC with one surety of RM5000 was appropriate and not subject to appellate interference absent error in principle.