Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Joint/common intention

Legal area

Court

11 Dec 2025

[Pejabat Pengarah Pendakwaan Negeri Kelantan] 1. ) Shahrul Amzar Afiq Bin Ab Rahman 2. ) Mohd Hakimi Bin Zakyudin

Citation

DA-45A-27-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-27-10/2021 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case because it did not prove the necessary nexus of possession, custody or control between the accused and the drugs found (drugs were found in accessible common areas and not on accused), the cautioned statement to accused 1 was not properly administered/explained and therefore inadmissible, and gaps in chain of custody and missing non‑drug exhibits undermined the identity and integrity of the prosecution's case; accordingly the accused were discharged and acquitted without being called to defend themselves.
17 Oct 2024

1. ) SYAFRIZAL BIN SYARBAINI 2. ) SUWARNI

Citation

PB-45A-82-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PB-45A-82-12/2022 (Mahkamah Tinggi)

Prosecution failed to prove possession and knowledge against both accused because proximity alone was insufficient, the material witness (owner) was not called and the prosecution failed to take reasonably practicable steps to secure her attendance so her recorded statement was excluded; investigation was incomplete creating reasonable doubt and therefore no prima facie case was made out to call accused to answer under s.180(4) CPC; accused discharged and acquitted.