Malaysia Case Law: Decisions & Judgments

Topic

Joint liability under section 34 penal code

Legal area

Court

25 Mar 2025

HARUN BIN IBRAHIM [ ]

Citation

K-05(SH)-14-01/2024 (Mahkamah Rayuan)
Court

SH
Case number

K-05(SH)-14-01/2024 (Mahkamah Rayuan)

The Court of Appeal found that, having regard to the quantity of Monoacetylmorphines (24.2g), the accepted alternative charge under section 12(2) DDA1952 and relevant sentencing precedents, the original sentence of life imprisonment and 12 strokes was excessive; the appropriate and proportionate sentence is nine years' imprisonment from date of arrest and ten strokes, and the High Court sentence is set aside and substituted accordingly.
6 Jan 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SURIFKI ARDIANSYAH 2. ) RAMADHAN BIN SOFYANKAYLANI

Citation

CF-83D-798-11/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CF-83D-798-11/2024 (Mahkamah Majistret)

Having accepted the accuseds' early guilty pleas and first‑offender status but weighing public interest, deterrence and the fact they are foreign nationals, the appropriate and proportionate sentence is 48 months' imprisonment from date of arrest for possession of 2.9g Methamphetamine contrary to Section 12(2) DDA read with Section 34 Penal Code.
18 Apr 2024

Izudin Bin Abu Talib [ ]

Citation

B-05(M)-511-11/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-511-11/2022 (Mahkamah Rayuan)

The Court allowed the appeal, set aside the conviction and death sentence under section 39B(1)(a)/39B(2) of the Dangerous Drugs Act 1952 because the prosecution and Attorney General consented to an amended charge; the appellant was convicted on the substituted charge under section 6 and sentenced under section 39A(2) to 10 years' imprisonment and 10 strokes. The Court took into account mitigation (no prior record, remorse and prolonged remand) and current sentencing trends for the same class of drug offences in imposing the reduced sentence.
31 Mar 2023

KARIKAALAN A/L MUNIANDY

Citation

AB-83-670-12/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83-670-12/2020 (Mahkamah Majistret)

Prosecution failed to prove the essential elements of both charges beyond reasonable doubt because police testimony contained material inconsistencies about where the arrest and requests for identity occurred and who requested identity, the accused's account that he was arrested and handcuffed inside the investigation room before SP3's involvement was more probable and supported by documentary indication of IDD8, and prosecution failed to call material witness Saran Raj to close gaps such that an adverse inference under s114(g) was engaged; accordingly benefit of doubt went to the accused and…
20 Jan 2023

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

Citation

BA-45-17-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-17-05/2019 (Mahkamah Tinggi)

Court found prosecution proved a prima facie case and proved beyond reasonable doubt that first accused had possession and knowledge of drugs found inside the bathroom (convicted on possession counts supported by s.37(d) presumption); prosecution failed to prove that first accused had custody, control or knowledge of drugs found on the roof because defence raised reasonable doubt via discrepancies in photographs and an alternative account, and therefore first accused was acquitted on counts relating to roof items; second accused was acquitted on all counts for lack of mens rea and absence of…
13 Jan 2022

PENDAKWARAYA 1. ) AZHARI BIN MUHAMMAD NUR 2. ) MAZRULHISHAM

Citation

PA-45A-48-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-48-06/2018 (Mahkamah Tinggi)

Prosecution failed to prove prima facie that either accused had the necessary control, custody or knowledge of the seized drugs or that they shared a common intention under section 34; material gaps included uncertainty who last had the vehicle, insufficient duration/exclusive access by accused, unreliable inference from passport and lack of fingerprint/DNA linking the accused to the drug-containing bags; accordingly no prima facie case and accused are discharged and acquitted.

Malaysia Case Law

HARUN BIN IBRAHIM [ ]

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SURIFKI ARDIANSYAH 2. ) RAMADHAN BIN SOFYANKAYLANI

Izudin Bin Abu Talib [ ]

KARIKAALAN A/L MUNIANDY

[ ] 1. ) Yap Yee Meng 2. ) Miss Tanyaporn Kakham

PENDAKWARAYA 1. ) AZHARI BIN MUHAMMAD NUR 2. ) MAZRULHISHAM