Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Investigative obligations of police

Legal area

Court

22 Sept 2021

ONG SWEE AN [Jabatan Peguam Negara]

Citation

P-05(M)-460-10/2019 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-460-10/2019 (Mahkamah Rayuan)

The Court accepted the trial judge's finding that the appellant was physically in possession of the bag containing the drugs and had knowledge thereof based on credible evidence of the arresting officer and chemist analysis; statutory presumptions of trafficking applied to the Methamphetamine and MDMA counts; the third count properly amended to possession under s.12(2) because statutory presumption did not apply to Nimetazepam; exclusions of CCTV evidence for lack of s.90A certificate and non-production of maker were valid; failures alleged in investigation and non-calling of vehicle owner di…
13 Dec 2019

MICKELSON GERALD WAYNE

Citation

W-05(M)-460-09/2018 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-460-09/2018 (Mahkamah Rayuan)

The Court held the appellant's oral admission to hotel staff was a voluntary confession admissible under s.17 Evidence Act; forensic pathology established death by manual strangulation and supported the inference that the appellant intentionally inflicted injury sufficient in the ordinary course of nature to cause death under s.300(c); lack of observable injuries on appellant and circumstantial evidence rebut his private defence claim; accordingly the conviction and death sentence were affirmed.