Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie case (s.180 cpc)

Legal area

Court

14 Nov 2025

NGOOI ESING

Citation

BA-45A-107-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-107-11/2023 (Mahkamah Tinggi)

The prosecution failed to make out a prima facie case under s.180 CPC because of material evidential deficiencies: breaks and unexplained aspects in chain of custody, unreliable/corroborated phone evidence, failure to give required warning before identification (acupakai) rendering that identification inadmissible, unresolved identity contradictions (Ivan Lee v Chong Je Long), and absence of proof of exclusive possession/knowledge — accordingly accused acquitted and discharged.
4 Jun 2025

[ ] RAMLAN BIN ABDUL RASHID

Citation

KA-45B-6-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45B-6-10/2019 (Mahkamah Tinggi)

On the totality of admissible evidence the court found the prosecution proved all elements of murder under s.302: the victim died while in accused's care; injuries consistent with prolonged abuse and sufficient in the ordinary course to cause death under s.300(c); accused was last seen with the victim and gave false explanations; accused's conduct in leading police to remains was admissible and indicated knowledge; defence explanations were rejected as afterthoughts; therefore accused convicted and, having considered Act 846 and aggravating factors (victim a small child, prolonged cruelty, co…