Malaysia Case Law: Decisions & Judgments

Topic

Section 34 penal code (common intention)

Legal area

Court

18 Apr 2025

ABDUL HALEK

Citation

BA-45A-118-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-118-10/2021 (Mahkamah Tinggi)

Maximum evaluation of prosecution evidence established identity of drugs, uninterrupted chain of custody, and facts from which custody/control and knowledge of the seized packages by each accused were properly inferred; statutory presumption under section 37(da) applied to the quantities seized; section 34 Penal Code applied to OKT1 and OKT2 on evidence of common intention; therefore prosecution proved trafficking beyond reasonable doubt and defendants convicted and sentenced accordingly.
1 Dec 2024

1. ) SAI A/P CHOM 2. ) YAP KOK LEONG 3. ) YEOH GIM HOOI

Citation

KA-62-41-12/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KA-62-41-12/2020 (Mahkamah Sesyen)

On a maximum evaluation of prosecution evidence the court found no credible proof that any accused made or caused the making of the false parts of P28[1]/P28[2] at the charged date/time/place or had the requisite intent to defraud; evidence against T2 and T3 was insufficient to establish nexus or knowledge for s.34 liability; therefore prosecution failed to establish a prima facie case and the accused were acquitted and discharged under s.173(f)(ii) CPC.
10 Mar 2020

Sajith Sadanandan

Citation

B-05(M)-84-02/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-84-02/2018 (Mahkamah Rayuan)

The Court dismissed the appeals and upheld convictions and death sentences because the totality of circumstantial and forensic evidence (large quantities of drugs and paraphernalia in a locked premises, expert chemical analysis, and DNA on items found at scene) irresistibly established appellants' involvement and common intention to manufacture/traffic drugs; identifications and exhibit marking were not so defective as to prejudice appellants and credibility findings of trial judge were entitled to deference.
10 Mar 2020

Renjith Raveendran

Citation

B-05(M)-86-02/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-86-02/2018 (Mahkamah Rayuan)

B-05(M)-86-02/2018 (Mahkamah Rayuan)

Malaysia Case Law

ABDUL HALEK

1. ) SAI A/P CHOM 2. ) YAP KOK LEONG 3. ) YEOH GIM HOOI

Sajith Sadanandan

Renjith Raveendran