Malaysia Case Law: Decisions & Judgments

Topic

Possession of offensive weapon

Legal area

Court

30 Oct 2024

MOHAMAD NIZAM BIN ABD MUTTALIB

Citation

MA-62-80-11/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

MA-62-80-11/2022 (Mahkamah Sesyen)

The eyewitness evidence of SP1 and SP2 was credible and unrebutted; physical damage to vehicles and photographs corroborated their account; the kerambit found in the accused's vehicle was properly connected to events that began on a public road; the accused's explanations were bare denials and inconsistent and failed to raise reasonable doubt; therefore prosecution proved a prima facie case and the accused is guilty on all three counts.
21 Oct 2024

JAIME JAMILAH BINTI ABDULLAH

Citation

WA-62-106-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62-106-10/2023 (Mahkamah Sesyen)

Prosecution proved beyond reasonable doubt that the accused had custody and control of the knife with knowledge of its nature while in a public place and produced corroborative exhibits and photographs; the defence was a mere denial and failed to raise reasonable doubt, therefore guilty under s6(1) ABKLSB 1958.
20 Sept 2023

JA-61-3-11/2021 (Mahkamah Sesyen)

Citation

JA-61-3-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-61-3-11/2021 (Mahkamah Sesyen)

The accused adduced credible, consistent witness evidence that he owned the kerambit, used it for traditional sporting/ceremonial purposes and had retrieved it after legitimate repair; on the balance of probabilities he discharged the burden to show lawful purpose and thereby raised a reasonable doubt such that the prosecution failed to prove guilt beyond a reasonable doubt under s.7(1) Act 357; accordingly the accused is acquitted and discharged.
26 Oct 2021

PENDAKWARAYA PN NURSULEHAN MOHD KAMARUDDIN AMINULLAH BIN HAMID

Citation

JA-62-145-11/19 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62-145-11/19 (Mahkamah Sesyen)

Court exercised its discretion under section 6(1) Act 357 to impose a fine in lieu of the statutory custodial range because the factual matrix showed the offence was less serious (no evidence of intent to use the parang, no violence, no other wrongful items), the accused was a first offender who pleaded guilty early, cooperated with police, suffered family and economic hardship, and public interest and rehabilitative aims were better served by a monetary sentence and restorative approach rather than immediate imprisonment.
31 Mar 2021

MOHD FAISA BIN ISMAIL (NO. K/P: 800223-11-5215)

Citation

PA-42S-5-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42S-5-07/2020 (Mahkamah Tinggi)

The appeal was allowed because the prosecution failed to prove a prima facie case: the sole eyewitness (SP1) gave contradictory and material evidence on where the sling bag containing the knife was found, undermining proof of possession; the prosecution also failed to establish that the place of possession was a public place and the trial judge erred in invoking judicial notice to fill that evidential gap. Consequently conviction and sentence were set aside and the appellant acquitted and discharged.
6 Jun 2019

MOHAMAD IBRAHIM BIN ROSLI

Citation

PA-42LB-10-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42LB-10-04/2019 (Mahkamah Tinggi)

The High Court held that expert forensic examination was not required to prove the confiscated instrument was a taser because the Act classifies tasers in the Second Schedule and the arresting/investigating officers' testimony that the device produced electrical current and sparks was sufficient; although charging under Section 6 was an error the accused was not prejudiced and the charge was amendable to Section 7 under s.422 CPC; therefore a prima facie case existed and the matter was remitted to Sessions Court for defence to be called.

Malaysia Case Law

MOHAMAD NIZAM BIN ABD MUTTALIB

JAIME JAMILAH BINTI ABDULLAH

JA-61-3-11/2021 (Mahkamah Sesyen)

PENDAKWARAYA PN NURSULEHAN MOHD KAMARUDDIN AMINULLAH BIN HAMID

MOHD FAISA BIN ISMAIL (NO. K/P: 800223-11-5215)

MOHAMAD IBRAHIM BIN ROSLI