Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Pre-trial detention

  • 26 Feb 2025

    NITHIYAN A/L NAGARAJAN [Jabatan Peguam Negara]

    Citation
    B-07-113-12/2024 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    B-07-113-12/2024 (Mahkamah Rayuan)

    The Court accepted and relied on the court‑ordered hospital medical reports which showed both applicants were medically stable following in‑patient care; their conditions did not meet the threshold of severity or life‑threatening infirmity required under s13(2)(c) SOSMA to justify the exercise of discretion to grant bail, and therefore the bail applications (NU10 and NU11) were dismissed, with leave to reapply if health materially deteriorates.

  • 14 May 2024

    BEE HOOI SIANG

    Citation
    PB-83-382-05/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    PB-83-382-05/2024 (Mahkamah Majistret)

    Bail was refused because the accused had demonstrably breached earlier bail conditions by threatening a prosecution witness shortly after release, the current charge is of a serious nature (exposing him to up to ten years' imprisonment) and is treated as non‑bailable in entitlement terms; public interest and the need to protect witnesses outweigh unsubstantiated personal health and family care arguments.

  • 2 Dec 2020

    LEE WEI KOK PUBLIC PROSECUTOR

    Citation
    JB-44-17-10/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-44-17-10/2020 (Mahkamah Tinggi)

    Section 41B of the Dangerous Drugs Act 1952 expressly prohibits grant of bail where the offence is punishable with imprisonment for more than five years (and contains a 'notwithstanding any written law' clause), thereby overriding the general discretionary bail provisions in the Criminal Procedure Code; accordingly the High Court must refuse the bail application for the charged offence and the Notice of Motion is dismissed.