Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Investigation procedure

  • 7 Aug 2025

    Calvin Low Chan Hoe [ ]

    Citation
    S-05(SH)-478-10/2023 (Mahkamah Rayuan)
    Court
    SH
    Case number
    S-05(SH)-478-10/2023 (Mahkamah Rayuan)

    The Court upheld the High Court conviction because the prosecution proved the appellant was in actual possession of parcels containing 3,448.1g methamphetamine, the chain of custody was intact, the appellant's conduct (false name, agitation) and circumstances permitted an inference of knowledge, and the statutory presumption of trafficking under s37(da) was not rebutted on balance of probabilities; failures to investigate others or obtain phone/CCTV evidence were immaterial to guilt.

  • 13 Feb 2025

    KOK FOH PALM OIL MILL

    Citation
    NA-63ES-38-12/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-63ES-38-12/2021 (Mahkamah Sesyen)

    The prosecution failed to establish a prima facie case on the third essential element because of unresolved doubts over the authenticity and compliance of the Ringelmann chart used, inability to confirm the same chart was used in investigation and produced in court, failures and inconsistencies in observation procedure (distance and timing) and investigator competence, and overall inadequacy of the investigation to produce credible evidence; therefore the accused was acquitted.

  • 28 Aug 2024

    PREM ANAND PANICKAR A/L VIJAYAPANICKAR

    Citation
    MC-83-375-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-83-375-06/2024 (Mahkamah Majistret)

    The prosecution failed to prove the higher offence of dangerous driving under Section 41(1) RTA 1987 beyond reasonable doubt because witness evidence did not conclusively show the accused drove in a manner demonstrating a selfish disregard for safety; however, evidence did establish that the accused drove without due care and consideration contrary to Section 43(1) RTA 1987, and the court therefore amended the charges, accepted the accused's guilty pleas to the amended charges and convicted.