Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sanction/consent to prosecute

  • 4 Mar 2025

    PETER ANTHONY

    Citation
    W-09-92-04/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-09-92-04/2023 (Mahkamah Rayuan)

    Unsigned charge sheet and alleged lack of fresh sanction were either inapplicable or minor irregularities not causing failure of justice; the DPP's consent under the MACC Act and authority to amend charges was sufficient; circumstantial evidence and contemporaneous conduct (possession and presentation of P2, benefit to appellant/company, witness testimony and demeanour) established that the appellant inserted the title with intent to cheat; SP3's police report did not demonstrate prejudice sufficient to overturn the conviction; sentence was not manifestly excessive — appeal dismissed and conv…

  • ANG THEAM CHOOM V P P

    Citation
    ANG THEAM CHOOM V P P
    Court
    Malaysian court

    The Court held the magistrate's inadvertent misstatement about who bore the burden did not amount to a misdirection because the record showed the correct standard was applied and no miscarriage of justice occurred; the s.63(1) order for RM802 with interest was valid because the amount was certified by an authorised officer and the appellant had opportunities to dispute it; authority to conduct the prosecution given before the trial commenced was legally sufficient, distinguishing institution from conduct, and therefore the conviction, the RM500 fine and the order to pay RM802 with interest we…