Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Joint intention (s.34)

  • 3 Oct 2024

    SUTHAKAR A/L SIVAKUMAR [ ]

    Citation
    05(M)-5-01/2023(C) (Mahkamah Persekutuan)
    Court
    M
    Case number
    05(M)-5-01/2023(C) (Mahkamah Persekutuan)

    The Federal Court upheld convictions because contemporaneous eyewitness evidence provided clear, repeated in-court identifications assisted by adequate lighting and corroborated by multiple witnesses; minor discrepancies were immaterial, absence of an identification parade report did not undermine substantive in-court identification, the video was inadmissible without forensic authentication, medical evidence established multiple slash wounds to the head sufficient to cause death consistent with a sharp weapon, and the cumulative evidence established common intention under s.34; therefore con…

  • 12 Aug 2021

    PENDAKWARAYA Pendakwaraya Inthiran A/l Rajendran

    Citation
    BA-45A-72-08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-72-08/2019 (Mahkamah Tinggi)

    The prosecution failed to prove a prima facie case because although the substance was chemical-analytically established as methamphetamine weighing 16,599.8g, the evidence did not establish that the accused had possession and knowledge of that substance: the drugs were concealed in multiple layers, the accused was a passenger while the deceased/co-accused controlled the vessel, there was no evidence linking the accused to the container, and material investigative deficiencies and the prosecution’s failure to call or secure material witnesses (owner Madhavan) and forensic evidence (fingerprint…