Malaysia Case Law: Decisions & Judgments

Topic

Possession of dangerous weapon

Legal area

Court

3 Jul 2025

IMAN HUSSIEN MOHAMAD KALU

Citation

WA-62-199-12/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62-199-12/2024 (Mahkamah Sesyen)

Court accepted amended charge and recorded an unequivocal guilty plea; applying statutory minimum under section 6(1), weighing seriousness (public place, 21.5 cm knife, dangerous conduct, lack of cooperation) and limited mitigation (first offender, family circumstances, early plea), public interest outweighed mitigation and five years imprisonment plus one stroke was appropriate, to run from date of arrest.
17 Apr 2025

IMMANUEL JOSHUA

Citation

WA-62-40-03/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62-40-03/2025 (Mahkamah Sesyen)

Possession of three scheduled dangerous weapons in a crowded public place constituted a serious offence where public interest outweighed mitigating factors; applying s6(1) the court lawfully imposed the minimum statutory custodial sentence and discretionary whipping. The sentence of five years imprisonment and one stroke of the cane, to run from date of arrest, was proportionate and lawful.
13 Apr 2022

Vijayakumaran A/l Manogar [ ]

Citation

BA-42S-23-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-23-07/2020 (Mahkamah Tinggi)

Court held the trial judge erred in doubting identity of the seized parang; identification by arresting officer (SP4) and confirmation by store officer (SP6) together with exhibit markings sufficiently linked the weapons to the seizure and to the accused. Procedural omissions and lack of formal paperwork were irregularities curable under s.422 CPC and did not occasion failure of justice. Joint trial without formal written order did not vitiate the trial because the offences formed the same transaction and the accused were not prejudiced. Trial court's adverse credibility findings against appe…
13 Apr 2022

Tarumacanan A/l Teagarajan [ ]

Citation

BA-42S-22-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-22-07/2020 (Mahkamah Tinggi)

The appellate court held that the Sessions Court erred in discharging the accused on the s.6(1) Akta 357 counts because identification and chain of custody evidence (SP4 and SP6, markings and photographs) were sufficient; that the amendment/readings of the charge and the absence of a formal joint-trial order were irregularities curable under s.422 CPC and did not occasion a failure of justice; that the Sessions Court properly assessed credibility of witnesses and rejection of the defence was reasonable; accordingly the acquittal on the weapon charges was set aside and appellants were called t…
9 Mar 2022

ABDUL HALLIM BIN SAMSUDDIN [ ]

Citation

DA-42S-1-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42S-1-08/2021 (Mahkamah Tinggi)

The High Court held the Sessions Judge complied with Section 173(b) CPC and the appellant's guilty plea was valid; the modified stingray tail with a handle and spines met the statutory definition of a dangerous weapon under Akta 357; and the sentence of five years' imprisonment from date of arrest and one stroke was lawful, proportionate and the minimum appropriate in the circumstances, therefore the appeal was dismissed.

Malaysia Case Law

IMAN HUSSIEN MOHAMAD KALU

IMMANUEL JOSHUA

Vijayakumaran A/l Manogar [ ]

Tarumacanan A/l Teagarajan [ ]

ABDUL HALLIM BIN SAMSUDDIN [ ]