Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Knowledge and intention (mens rea)
  • 22 May 2025

    Amran Bin Madwali

    Citation
    BA-62K-150-02/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BA-62K-150-02/2021 (Mahkamah Sesyen)

    On maximum evaluation of the prosecution evidence the court found the affidavits (P33 and P34) contained false statements about the accused being the sole/only surviving heir, those affidavits were used in High Court proceedings to obtain De Bonis Non letters and to effect transfer/sale of estate land, and the prosecution proved by inferences from witness testimony and documentary evidence that the accused knew the statements were false and intended to make them. The defence only produced denials and uncorroborated testimony which did not raise a reasonable doubt. Therefore the elements of Se…