Malaysia Case Law: Decisions & Judgments

Topic

Section 326 penal code

Legal area

Court

31 Mar 2026

PANIRSELVAM A/L SENASAMY

Citation

BL-45B-8-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-45B-8-10/2023 (Mahkamah Tinggi)

On maximum evaluation of prosecution evidence (eyewitnesses SP5 and SP15, CCTV, forensic pathology and medical reports) the court found all elements of section 300(c)/302 and section 326 proven beyond reasonable doubt; accused convicted on both counts and sentenced to 35 years imprisonment and 12 strokes for murder (BL-45B-8-10/2023) and 15 years imprisonment for grievous hurt (BL-45-4-12/2023), to run concurrently.
26 Feb 2026

ONG SU PING SERENE

Citation

BA-42LB-2-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42LB-2-08/2024 (Mahkamah Tinggi)

The High Court affirmed the trial court's acquittal because (1) the prosecution never sought amendment and had conducted the trial exclusively on a s.326 charge alleging use of pliers; (2) amending to s.325 after close of prosecution would materially alter the case and prejudice the defence; (3) the strict requirements for conviction on an uncharged offence under s.167 (and s.166) were not satisfied; and (4) section 316 CPC does not empower the appellate court to amend charges at the appellate stage — therefore no appellate intervention was warranted.
13 Nov 2025

KOKULAN A/L SUBRAMANIAM

Citation

NA-62-81-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62-81-12/2021 (Mahkamah Sesyen)

The court accepted independent medical evidence that the complainant sustained injuries amounting to grievous hurt and found, on the totality of witness testimony and logical inference, that the accused intentionally caused those injuries with a parang; absence of the weapon did not negate the proven elements, thus conviction under Section 326 Penal Code followed.
20 Aug 2024

WAN MOHAMAMD HAFIZUDDIN BIN WAN ISMAIL

Citation

DA-42H-8-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42H-8-03/2023 (Mahkamah Tinggi)

The High Court found the six-year sentence for the second count manifestly inadequate in light of the gravity of the injuries, the use of a dangerous weapon and the potential doubling effect under section 326A; public interest and deterrence outweighed the mitigation from the guilty plea, therefore the sentence on the second count was increased to 10 years imprisonment while corporal punishment was maintained and the first count sentence was affirmed.
29 May 2023

Abd Jalil Bin Abd Latib [TIMBALAN ]

Citation

BA-42S-6-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-6-04/2022 (Mahkamah Tinggi)

The High Court allowed the appeal and quashed the convictions because the prosecution failed to prove essential elements of the charged offences: material inconsistency and lack of proof as to the date/time, absence of specific medical evidence that the injuries amounted to 'grievous hurt' as defined in section 320 Penal Code, and failure to establish conclusively which weapon was used and its linkage to the appellant. Those evidential deficiencies defeated any safe prima facie case and mandated acquittal.
13 Oct 2021

1) MUHAMMAD PAZIR BIN YAHYA 2) NIK MUHAMMAD SYAFIR BIN MAT ROF

Citation

DA-42S-6-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42S-6-05/2019 (Mahkamah Tinggi)

The High Court found the prosecution proved all elements of s326 read with s34: grievous hurt established by medical reports, injuries caused intentionally by weapons as seen by victims and witnesses, and common intention demonstrated by concerted preparation and conduct; defence explanations failed to raise reasonable doubt. Therefore convictions and concurrent sentences were upheld.
2 Sept 2021

PENDAKWARAYA NUR SULEHAN MOHD FARID BIN MD AMIN (No KP: 860719-23-6699)

Citation

JA-62-143-11/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62-143-11/2019 (Mahkamah Sesyen)

The court found the accused's plea valid and unreserved, accepted the facts including permanent disfigurement caused by acid, balanced mitigating factors (late plea, family hardship, remorse) against aggravating factors (seriousness, permanent injury, public interest), and concluded a deterrent custodial sentence of twelve years' imprisonment from 2/9/2020 plus five strokes of the cane was proportionate and lawful under Section 326 Penal Code.
29 Mar 2021

PENDAKWARAYA Pendakwaraya Thures A/L Veeraragi

Citation

62-01-02/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

62-01-02/2019 (Mahkamah Sesyen)

The court found the prosecution proved beyond reasonable doubt (1) both victims suffered grievous hurt as supported by consistent medical and surgical evidence, (2) the injuries were caused by the accused as established by credible eyewitness identification and investigation, and (3) the parang was linked to the accused by information leading to its discovery admissible under section 27; the accused's alibi was unproved and dismissed, therefore guilty on both counts under section 326 Penal Code.