Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentence suspension

  • 19 Mar 2025

    ZULARIFF BIN ZULKARNAIN

    Citation
    AN-83D-39-04/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AN-83D-39-04/2022 (Mahkamah Majistret)

    Drugs were discovered inside a sling bag being worn by the accused at the time of police examination, forensic analysis confirmed 28.79g methamphetamine, prosecution witnesses gave consistent evidence and closed the evidential chain; defence explanations were uncorroborated, inconsistent or raised for the first time (afterthoughts) and therefore failed to create reasonable doubt. Failure to call the premises owner did not undermine the core evidence of possession on the accused. Accordingly the accused was guilty under s12(2) Dangerous Drugs Act 1952 and liable to punishment under s39A(1).

  • 8 Jul 2024

    TUAN AMIR BIN TUAN MOHAMAD

    Citation
    DA-43-1-01/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-43-1-01/2024 (Mahkamah Tinggi)

    The High Court held that the plain meaning of the bond to 'behave and keep the peace' is breached once the bound person is arrested and charged again for the same offences; conviction of the new charges is not required before committal and sentencing for the original offences may proceed, therefore the Sessions Court decision was set aside and the respondent referred back for sentencing.

  • 12 Jun 2020

    PENDAKWARAYA Pendakwaraya Lim Yong Zo

    Citation
    83-556-07/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    83-556-07/2019 (Mahkamah Majistret)

    P2(A-B) were lottery tickets and were found in the accused's actual possession at the counter together with devices and cash intimately connected with selling lottery; expert opinion corroborated their character; prosecution proved prima facie case under s.11(1)(c) ARJT and defence failed to raise reasonable doubt, therefore conviction under s.4A(a) ARJT was warranted.