Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

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  • 21 Sept 2023

    1. ) ANGELA DEWI A/P GANAI SANNACY 2. ) VIJAYA A/L GANAI SANNACY

    Citation
    BA-45B-32-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-32-10/2021 (Mahkamah Tinggi)

    The court convicted both accused because the prosecution proved beyond reasonable doubt that the deceased died from blunt‑force head trauma inflicted by a blunt instrument, the accused were the last seen persons with access to the deceased within a short time gap, accused 2 guided police to the weapon and the recovered chain, medical and circumstantial evidence supported an inference of intention under s300(c), and evidence established common intention under s34.

  • 21 Sept 2023

    1. ) ANGELA DEWI A/P GANAI SANNACY 2. ) VIJAYA A/L GANAI SANNACY

    Citation
    BA-45B-32-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-32-10/2021 (Mahkamah Tinggi)

    The court found the prosecution proved all elements beyond reasonable doubt: death by blunt-force trauma, causation by acts of the accused inferred from circumstantial and last-seen evidence, recovery of the hammer and victim's chain linked to defendants, and injury pattern indicating force sufficient in ordinary course to cause death establishing mens rea under s300(c); common intention under s34 was inferred from participation and conduct; unsworn denials failed to raise reasonable doubt — conviction for murder under s302 read with s34 and imposition of death sentence was warranted.

  • 20 Feb 2023

    Hii Siew Chung [ ]

    Citation
    Q-05(M)-162-03/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    Q-05(M)-162-03/2019 (Mahkamah Rayuan)

    The Court of Appeal allowed the appeal and acquitted the appellant because the prosecution relied on two circumstantial strands (last-seen identification by PW19 and s.27 discovery of an iron rod) that were not proven to the criminal standard: PW19's identification and timelines were contradicted by other prosecution witnesses and unsupported by the absent but material witness Jenny; the s.27 statement (Exhibit P69) lacked independent corroboration because other police and F&R witnesses were not called to confirm its provenance; forensic links were absent; cumulatively the circumstantial evid…