Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 8 evidence act 1950

Legal area

Court

27 Jan 2025

[TIMBALAN ] Muhammad Hairil Izzuan Bin A Samad

Citation

BA-45B-26-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-26-08/2021 (Mahkamah Tinggi)

Applying maximum evaluation to prosecution evidence, the court found death caused by neck compression (fatal, homicidal), established that accused was last known with deceased and mixed DNA and accused's conduct (inconsistent statements, directing to concealed items) linked him to the scene; these combined facts proved all elements of murder under s302 beyond reasonable doubt, warranting conviction.
2 Sept 2024

[ ] KANG CHANG HENG

Citation

B-05(LB)-513-11/2022 (Mahkamah Rayuan)
Court

LB
Case number

B-05(LB)-513-11/2022 (Mahkamah Rayuan)

The Court held the High Court erred in rejecting the child eyewitness identification and in excluding or discounting the accused's pointing and medical/forensic evidence; the direct identification by SP1 together with admissible circumstantial evidence (s27/s8 discoveries and medical/forensic evidence) cumulatively established a prima facie case on the four murder charges, so the acquittal was set aside and the respondent must be called to enter defence.