Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Joint liability under s.34 penal code

Legal area

Court

2 Oct 2024

1. ) ANWA TOHTAYANG 2. ) SAMAN HARI

Citation

KA-45A-27-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-27-04/2022 (Mahkamah Tinggi)

Court found prosecution proved the substances were dangerous drugs and that both accused had joint custody and control of them; where custody/control established the presumption under s.37(d) DDA justified inferring knowledge; however prosecution failed to prove trafficking (intent to transfer possession) beyond reasonable doubt so the charge was amended to possession under s.12(2)/39A(2) DDA read with s.34 Penal Code; both accused pleaded guilty and were sentenced accordingly.
21 Feb 2023

[ ] 1. ) Muhammad Safuan Bin Mat Saad 2. ) Amirul Aiman Bin Azman 3. ) Muhammad Khairil Shahannaz Bin Mohd. Rizal

Citation

BA-45B-35-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-35-09/2019 (Mahkamah Tinggi)

The prosecution failed to prove a prima facie case because identification evidence was unreliable and contradictory, key eyewitnesses and sources of hearsay were not called, identification parade documentation was defective and inconsistent with courtroom identifications, and there was insufficient particularization of who did what to establish joint liability under s.34; accordingly there was no case to answer and the accused were discharged and acquitted.