Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Motive and fabrication
  • 13 Nov 2024

    YUSSRI BIN YAHAYA

    Citation
    AA-41S-20-12/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-41S-20-12/2023 (Mahkamah Tinggi)

    The trial magistrate failed to properly evaluate inconsistencies in the complainant's testimony, ignored corroborative absence and evidence of motive to fabricate, and did not give adequate weight to the appellant's plausible innocent explanation (routine entry to collect laundry); these failures produced reasonable doubt as to the elements of Section 354 and amounted to misdirection warranting allowance of the appeal and acquittal of the appellant.