Malaysia Case Law: Decisions & Judgments

Topic

Joint liability s34 penal code

Legal area

Court

14 Jan 2025

MUHAMMAD AISMAT AMIR BIN ZAINAL

Citation

B-05(SH)-397-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-397-09/2023 (Mahkamah Rayuan)

Court allowed amendment of the first charge to section 6 Dangerous Drugs Act 1952, accepted the appellants' guilty pleas to the amended charge, quashed the earlier conviction and life sentence under s39B, and imposed a calibrated sentence of nine years' imprisonment and ten strokes based on the weight of cannabis (502.9g), mitigation, public interest and relevant appellate precedents.
6 Dec 2024

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

Citation

BL-62ATIP-64-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62ATIP-64-09/2022 (Mahkamah Sesyen)

On the evidence the court found all statutory elements of trafficking proved: victims were acquired/retained and exploited for forced labour, deprived of documents, worked without permits, subjected to debt bondage and threats; T1 and T2 acted jointly with common intention to exploit and profit. Consent was immaterial. Accordingly both defendants were convicted under s12 ATIPSOM read with s34 Penal Code and compensation ordered under s66A ATIPSOM read with KPJ provisions.
10 May 2024

1. ) Wan Mohd Efizan Bin W. Mohd Shamli 2. ) Nurliza Binti Abdullah

Citation

BA-45A-60-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-60-04/2021 (Mahkamah Tinggi)

Prosecution proved the chemical identity and weights of methamphetamine and established that the accused had exclusive occupancy and control of the bedroom where drugs were found; accused’s conduct (including directing officer to wardrobe and presence of his DNA) and credible police testimony proved possession and knowledge; statutory presumption of trafficking applied to the wardrobe quantity and was not rebutted on balance of probabilities; co-accused’s admissions and open display of drugs on dressing table established joint possession; chain of custody was intact and credibility challenges…

Malaysia Case Law

MUHAMMAD AISMAT AMIR BIN ZAINAL

1. ) ITH EAMY 2. ) DIONG YEOU CHIN

1. ) Wan Mohd Efizan Bin W. Mohd Shamli 2. ) Nurliza Binti Abdullah