Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 326a

  • 4 Nov 2025

    ROSMAINI BIN ABDUL RAOF

    Citation
    JA-42H-13-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42H-13-12/2024 (Mahkamah Tinggi)

    The trial judge did not err: SP1's in‑court demeanour and testimony were credible; the belated statutory declaration and police report were afterthoughts and contested, did not create reasonably possible alternative hypotheses, and did not break the complete circumstantial chain pointing to the accused; refusal to recall SP1 was a proper exercise of discretion under Section 425 CPC; SP1's testimony was direct evidence and not inadmissible hearsay; alleged investigative defects were immaterial; the 10‑year sentence (with 14 months remand served) was within the appropriate range and not manifes…

  • 1 Dec 2022

    AHMAD ZAKI BIN ABDULLAH

    Citation
    TD-62-7-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    TD-62-7-09/2022 (Mahkamah Sesyen)

    Section 326A requires the imposition of imprisonment and doubles the maximum penalty of the substantive offence; applied to s326 (max 20 years) the statutory maximum becomes 40 years. The court must impose a custodial sentence within that range, but may calibrate length using mitigating factors such as a guilty plea and first‑time offending. Given the seriousness and aggravating features (victim was elderly father, close relationship, severe injury), a 12‑year custodial term was appropriate.

  • 7 Oct 2022

    Public Prosecutor Ching Suet Yeen

    Citation
    BH-83-1090-06/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH-83-1090-06/2020 (Mahkamah Majistret)

    Although the prosecution proved that the accused caused a bite injury to the complainant, on the balance of probabilities the bite was inflicted while the accused was gripped from behind and was an act of private defence not excessive for the purpose of defence; therefore the defence of private defence succeeded and the accused was acquitted.