Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prima facie review

  • 27 Oct 2024

    [ ] MOHD KHUZAIMI BIN AHMAD

    Citation
    JB-45A-8-12/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-45A-8-12/2020 (Mahkamah Tinggi)

    On maximum evaluation the prosecution failed to establish a prima facie case: identity and weight were proven by the chemist but core elements of possession and knowledge were not proved beyond reasonable doubt because of real and material doubt whether the drugs were found on the bedroom cabinet or outside at the back of the house, unchallenged credible evidence of the accused’s wife denying such presence, failure to call corroborating officers and to investigate the accused's Alcontara/cautioned statement; therefore presumption of trafficking under s37(da) did not arise and accused must be…

  • 26 Sept 2019

    1. SAHARUDDIN BIN AWANG YAHYA 2. NORZIHAN BINTI ZAINAL ABIDIN

    Citation
    WA-42K-13-05/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42K-13-05/2018 (Mahkamah Tinggi)

    Convictions were unsafe because the prosecution failed to prove the essential element of deception as charged: the evidence established the alleged titles derived from PKDRK (a private society) not from the State of Kelantan as alleged in the indictments, many victims acknowledged the PKDRK provenance or attributed payments to charitable donations or to intermediaries, and the trial judge failed to properly assess victims' testimony; accordingly convictions and sentences were set aside and appellants acquitted.