Malaysia Case Law: Decisions & Judgments

Topic

Safety of conviction

Legal area

Court

9 Apr 2026

CHAN KOK POH [Pegawai Pendakwa (PDRM)]

Citation

JB-42JSKS-2-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42JSKS-2-08/2024 (Mahkamah Tinggi)

Appeal allowed because the conviction was unsafe: the prosecution failed to prove the essential element that the victim was under 18 with appropriate documentary evidence, and the continuation of the trial without the appellant's counsel on 10.10.2023 constituted a denial of the appellant's right to fair trial; accordingly the Sessions Court's conviction and sentence were set aside.
2 Mar 2026

ZOLKAPLI BIN LONG @ MOHAMAD [TIMBALAN ]

Citation

K-06B-64-08/2023 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

K-06B-64-08/2023 (Mahkamah Rayuan)

The Court held that omission by HCJ1 to record written reasons when ordering the accused to enter defence at an interlocutory appellate stage is not per se fatal; HCJ1's order signified a prima facie finding and did not occasion failure of justice here; HCJ2 was entitled to re-evaluate the Magistrate's appreciation of evidence, exclude inadmissible exhibits (s90A(7)) and conclude the prosecution proved the offence beyond reasonable doubt; conviction and 18-month sentence affirmed.
17 Feb 2022

HARUN BIN DAHMAN

Citation

RA-42JSKH-1-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42JSKH-1-11/2020 (Mahkamah Tinggi)

High Court held prosecution did not make out a prima facie case at the close of its case because of material contradictions in key prosecution testimony (notably the child complainant's inconsistent accounts about the accused's clothing and who collected her) and the prosecution's failure to adduce an important exhibit (the sarong) which warranted an adverse inference; accordingly it was unsafe to call the accused to defend, conviction and sentence were quashed and the accused was acquitted and discharged.
7 Oct 2021

SHARILFUAD BIN IDROS [NO KP: 851025-08-6257]

Citation

RA-42S-6-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42S-6-12/2020 (Mahkamah Tinggi)

The trial judge erred by failing to perform a maximum/positive evaluation under s180 and by failing to consider all evidence under s182A; those failures rendered the conviction unsafe and warranted setting aside the conviction and sentence and ordering the accused be acquitted and discharged.

Malaysia Case Law

CHAN KOK POH [Pegawai Pendakwa (PDRM)]

ZOLKAPLI BIN LONG @ MOHAMAD [TIMBALAN ]

HARUN BIN DAHMAN

SHARILFUAD BIN IDROS [NO KP: 851025-08-6257]