Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Last seen principle

  • 25 Jun 2024

    [ ] Mohamad Farreyl Haikal Bin Abdullah

    Citation
    BA-45B-14-06/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-14-06/2020 (Mahkamah Tinggi)

    Prosecution proved the victim's death and that death was caused by smothering; circumstantial evidence established the accused's presence, guilty knowledge and nexus to the scene (DNA, possession of victim's ID, conduct of flight, misleading police report, guiding to victim's phone); the injuries were sufficiently severe that intent to cause injury likely to cause death could be inferred; accused's unsupported alibi failed to raise reasonable doubt — therefore convicted for murder under section 302 Kanun Keseksaan (applying section 300(c)).

  • 5 Mar 2024

    MALARVILI A/P ARUMUGAM [ ]

    Citation
    B-05(M)-26-01/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-26-01/2019 (Mahkamah Rayuan)

    The Court affirmed convictions for kidnapping and murder because the prosecution proved beyond reasonable doubt that the appellants, acting with common intention, kidnapped the deceased for ransom and caused her death by suffocation; the accomplice witness (SP4) was credible and his testimony was independently corroborated by vehicle rental records, dashcam and GPS evidence, phone call transcripts and handset sale, and the cumulative circumstantial evidence (including last-seen together) established causation and guilt.