Malaysia Case Law: Decisions & Judgments

Topic

Joint liability under section 34

Legal area

Court

28 Jan 2026

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

Citation

DA-83RS-135-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-83RS-135-08/2023 (Mahkamah Majistret)

The court found prosecution proved all elements of theft beyond reasonable doubt: credible eyewitness identification corroborated by CCTV, recovery of matching engine and chassis linked to the reported stolen motorbike, and conduct showing joint intention; absence of the additional witness did not trigger s114(g) inference because prosecution evidence was complete; defendants convicted under s379A read with s34 and sentenced to 15 months' imprisonment each commencing 28/01/2026.
28 Jan 2026

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

Citation

DA-83RS-135-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-83RS-135-08/2023 (Mahkamah Majistret)

The court found prosecution proved all statutory elements of theft under Section 379A read with Section 34 beyond reasonable doubt by way of CCTV evidence, credible eyewitness identifications, and recovery of matching engine and chassis following information associated with the accused; defence was mere bare denial and did not raise reasonable doubt or justify reverse inference under Section 114(g); accordingly accused convicted and sentenced to imprisonment.
15 Mar 2023

[ ] 1. ) Radhakrishnan Syam 2. ) Fazil Farook 3. ) Sainulabdeen Siyad 4. ) Abdul Kalam Sajeev 5. ) Salim Sabeer

Citation

NA-45A-5-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

NA-45A-5-05/2019 (Mahkamah Tinggi)

On the evidence the court found the drugs and pseudoephedrine were dangerous substances, were located in unconcealed positions within a fenced compound and inside a building where the accused had access and had personal items and DNA; these objective facts permitted the inference of custody/control and knowledge; therefore possession and keeping/storing as acts preparatory to trafficking under s39B were proven beyond reasonable doubt and the statutory sentence for trafficking applied; section 9(2) presumption of knowledge was not rebutted so conviction on the Poisons Act charge was also uphel…

Malaysia Case Law

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

[ ] 1. ) Radhakrishnan Syam 2. ) Fazil Farook 3. ) Sainulabdeen Siyad 4. ) Abdul Kalam Sajeev 5. ) Salim Sabeer