Malaysia Case Law: Decisions & Judgments

Topic

Joint intention (s34 penal code)

Legal area

Court

5 Mar 2025

[Pejabat Penasihat Undang-Undang Negeri] 1. ) Mr Sah Hanaosuk 2. ) Mr. Sontaya Labaidae

Citation

KA-45A-43-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-43-06/2019 (Mahkamah Tinggi)

Prosecution proved beyond reasonable doubt the elements of possession (physical custody and inferred knowledge) and joint intention to distribute; quantity invoked statutory presumption of distribution which the defence failed to rebut; credible, consistent police evidence and intact chain of custody supported conviction under s39B(1)(a) ADB 1952 read with s39B(2) and s34 Penal Code; sentencing exercised under Act 846 resulted in life imprisonment and 12 strokes each instead of death.
12 Nov 2024

Kamaruzaman bin Hashim

Citation

KA-42S-4-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-42S-4-12/2021 (Mahkamah Tinggi)

Appeal allowed and convictions set aside because the successor Sessions judge materially misdirected himself by merely adopting and reading the predecessor's draft reasons without independently considering whether the prosecution had established a prima facie case under s173(f) CPC; that misdirection was substantive and not curable under s422 CPC. Independently, prosecution failed to call or offer material witness Muhammad Mustaqim, warranting an adverse inference under s114 Evidence Act and undermining the prosecution's case; accordingly no sustainable prima facie case existed and appellants…
4 Nov 2024

1. ) Sagar Sharma (W/india) 2. ) Shubham Sharma (W/india) [ ]

Citation

B-05(M)-527-11/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-527-11/2022 (Mahkamah Rayuan)

The Court allowed the appeals and set aside the convictions and death sentences because the High Court failed to properly evaluate prosecution evidence at the close of its case, in particular it erred to rely on s27 material and police reports without requisite oral proof or contemporaneous record and without assessing voluntariness; consequently a proper prima facie case was not established and the convictions were unsafe.

Malaysia Case Law

[Pejabat Penasihat Undang-Undang Negeri] 1. ) Mr Sah Hanaosuk 2. ) Mr. Sontaya Labaidae

Kamaruzaman bin Hashim

1. ) Sagar Sharma (W/india) 2. ) Shubham Sharma (W/india) [ ]