Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Maximum evaluation of evidence

  • 19 Aug 2024

    CHANG SIN LIAN

    Citation
    MA-83-193-02/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MA-83-193-02/2023 (Mahkamah Majistret)

    The court discharged the accused because the prosecution failed to establish a prima facie case for criminal intimidation: the charge did not clearly identify the specific section, witness evidence did not show the threat was directed at the complainant nor that the complainant was genuinely fearful (undermined by 41 days attendance at work), the prosecution failed to call union and HR witnesses leaving an evidential gap (invoking s114(g) presumption), and on maximum evaluation the words uttered did not suffice to prove intent to cause alarm; accordingly the accused was released without being…

  • 28 Oct 2021

    (Mahkamah Sesyen)

    Citation
    (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    (Mahkamah Sesyen)

    Court accepted prosecution established prima facie control by accused and called accused to make defence but, upon full maximum evaluation including defence evidence, found prosecution failed to prove the second essential ingredient that the premises were habitually used as a brothel by two or more women; seized items and one-off observations were insufficient to prove habitual prostitution beyond reasonable doubt; accused therefore acquitted.