Malaysia Case Law: Decisions & Judgments

Topic

Section 27 evidence act 1950 (information leading to discovery)

Legal area

Court

16 Nov 2021

AHMAD FARID BIN MOHAMMAD NASIR [Jabatan Peguam Negara]

Citation

B-05(M)-278-07/2019 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-278-07/2019 (Mahkamah Rayuan)

The Court held the firearm was discharged while the robbery was being committed (the events form a single transaction) and the prosecution proved identity and intent by witness identification and ballistic/serviceability evidence; non‑calling of Najmi did not justify s114(g) adverse inference because ownership was not material and the prosecution offered the witness; statements in police reports under s27 were not relied on as substantive evidence but the accused's conduct in pointing out the firearm was admissible (s8/s27). Therefore conviction and death sentence for the 1st Appellant was up…
27 Aug 2021

PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Encik Kee Loon & Encik Low Wei Loke (Tetuan Low)

Citation

WA-45A-9-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-9-05/2020 (Mahkamah Tinggi)

The prosecution failed to prove that the statutory caution required by s.37B DDA was administered after the accused was placed under arrest, rendering his subsequent statements and conduct inadmissible; combined with the court’s refusal to admit the car owner’s statement under s.32(1)(i) and the absence of direct evidence establishing the accused’s knowledge and possession of the drugs (and inability to rely on s.37(d)), the prosecution did not establish a prima facie case for trafficking under s.39B(1) DDA and the accused was acquitted.

Malaysia Case Law

AHMAD FARID BIN MOHAMMAD NASIR [Jabatan Peguam Negara]

PENDAKWARAYA Puan Izalina binti Abdullah (Jabatan Peguam Negara) Encik Kee Loon & Encik Low Wei Loke (Tetuan Low)