Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Investigation standards

Legal area

Court

5 Dec 2024

[ ] SURAYA BINTI IBRAHIM

Citation

DA-62-17-04/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-62-17-04/2023 (Mahkamah Sesyen)

The prosecution failed to adduce credible and sufficient evidence to prove the accused used or affixed the unrecognised emblem on vehicle VCS 45 or that she had exclusive possession/control of that vehicle; reliance on screenshots and incomplete investigation (lack of SUK confirmation) meant no prima facie case was established, requiring acquittal.
1 Jan 1900

PENDAKWARAYA Hairuliqram bin Hairuddin MALAR VILIE A/P PUNNAN PALAM

Citation

M4-3092-8/2017 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

M4-3092-8/2017 (Mahkamah Majistret)

The court held prosecution failed to prove the essential elements of Section 403 — specifically dishonest misappropriation and intent to use the money for the accused's own purposes — because the complainant agreed the payment was a non-refundable consultancy/preparatory fee under a signed MoU and the investigation did not establish dishonesty; therefore no prima facie case was made out and the accused was discharged without being called to enter defence.