Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mens rea in contempt
  • 28 Sept 2022

    PEMPETISYEN XXXX XXXX

    Citation
    33-148-04/2015 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    33-148-04/2015 (Mahkamah Tinggi)

    Service by email was sufficient in the circumstances because the respondent had knowledge of the proceedings and suffered no prejudice; consent orders are enforceable by committal; mens rea is not required for contempt by disobedience; on the facts the respondent was in contempt for deliberate non‑compliance and was ordered to pay a fine and the arrears, failing which a custodial sentence would be imposed until he purged the contempt.