Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie test under s180 criminal procedure code

Legal area

Court

11 Dec 2025

WONG TZE WEI

Citation

NA-62K-3-03/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-3-03/2021 (Mahkamah Sesyen)

Prosecution failed to prove the essential dishonest/forgery/knowledge elements across the three heads: although accused had authority and control over accounts, there was no reliable evidence he dishonestly misapplied funds (s409), no cogent, unambiguous proof he forged the 73 cheques (s468) given inconsistencies in expert testimony and alternative explanations, and consequentially the predicate offences and requisite knowledge for AMLA (s4(1)(b)) were not established; therefore no prima facie case existed and the accused was discharged at the close of the prosecution case.
17 Oct 2024

Aik Joo Can Factory Sdn Bhd

Citation

PB-63-20-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

PB-63-20-08/2023 (Mahkamah Sesyen)

The court applied a maximal evaluation under s180 CPC and found the prosecution failed to prove the crucial element that the employer had failed to provide safe guarding. The victim consistently testified the guard existed; investigatory evidence was speculative or hearsay and inconsistent. Because the prosecution did not adduce credible, uncontradicted evidence that the guarding was absent or unsafe, no prima facie case was established and the accused was acquitted without being called to defence.