Malaysia Case Law: Decisions & Judgments

Topic

Sentencing - death penalty

Legal area

Court

14 Mar 2024

Kunaseegaran A/l Ragavanaidu [Jabatan Peguam Negara]

Citation

W-05(M)-211-07/2020 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-211-07/2020 (Mahkamah Rayuan)

The Court upheld the trial judge’s findings that the prosecution proved beyond reasonable doubt that all appellants shared a common intention to kill under section 34 read with section 302; SP54’s accomplice testimony was satisfactorily corroborated by forensic, DNA and circumstantial evidence, and the convictions and death sentences were affirmed.
28 Jul 2022

[ ] Mbah Emmanuel Leo Arinse

Citation

BA-45A-11-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-11-03/2020 (Mahkamah Tinggi)

The court accepted the chemist's identification and measured weights, found the accused had physical control and knowledge of the drugs from proximity, circumstances and conduct, and held that statutory presumption under s37(da) ADB 1952 applied given weights exceeded statutory thresholds; the defence account was an afterthought and failed to raise reasonable doubt, therefore the prosecution proved guilt beyond reasonable doubt for both counts and the mandatory sentence was death by hanging under applicable provisions.
24 May 2022

[ ] Aufar Izhar Bin Anuar

Citation

BA-45A-38-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-38-05/2019 (Mahkamah Tinggi)

On the evidence and maximum assessment of prosecution witnesses the court held prosecution proved prima facie that the seized substances were cannabis, that the accused had custody and control (actual possession of some and deemed possession of remainder under S.37(d)), that he had knowledge of the drugs, and that the quantity and circumstances established trafficking; statements leading to discovery were admissible under S.27; accused failed to rebut presumption on balance of probabilities and was guilty under S.6 and S.39B(1)(a) DDA.
30 Mar 2022

[ ] MOHD SHARIZAL BIN AZIZ

Citation

NA-45A-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

NA-45A-1-01/2019 (Mahkamah Tinggi)

Drugs were found in a belt pouch worn on the accused’s person, establishing custody/control; circumstantial evidence (volume/packing, trial date card, accused's fearful reaction) supported knowledge; chain of custody was maintained and chemist evidence established identities and net weights; presumption of trafficking applied to heroin/monoacetylmorphines; defence witnesses were disbelieved; accordingly the accused was convicted of trafficking under s39B(1)(a) and possession under s12(2).
16 Dec 2020

PENDAKWARAYA 1. ) Abu Bakar bin Mahamad 2. ) Siti Syariza binti Ibrahim

Citation

JA-45B-12-06/2017 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45B-12-06/2017 (Mahkamah Tinggi)

The court convicted both accused of murder under s.302 because the prosecution proved death by blunt force trauma with ligature strangulation, established that the injuries inflicted were sufficient in the ordinary course of nature to cause death (s.300(c)), and proved that first and second accused shared a common intention (s.34) to commit the acts leading to death; accomplice evidence was corroborated by independent witnesses and the defence failed to raise a reasonable doubt.
27 Jul 2020

PENDAKWARAYA 1. SATISH A/L SINNATHAMBI 2. MENAN RAJ A/L SUBRAMANIAM

Citation

45A-115-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

45A-115-11/2017 (Mahkamah Tinggi)

The court found prosecution evidence credible and cohesive: SP4 directly observed OKT1 throw P16, recovered and identified the package, chain of custody to the chemist was satisfactorily established, chemical analysis confirmed 1899 grams of cannabis, and OKT1 failed to rebut the presumption of distribution under s37(d) ADB; therefore prosecution proved possession, knowledge and trafficking prima facie and verdict of guilt under s39B(1)(a) ADB followed by mandatory death sentence under s39B(2).
27 Sept 2019

PENDAKWARAYA JAVIER EDGARDO SILVA (PASSPORT NO.: 27380358)

Citation

BA-45A-3-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-3-01/2018 (Mahkamah Tinggi)

On the totality of evidence the prosecution proved beyond reasonable doubt that the seized substance was 2,825.8g of cocaine, that the accused had custody and control of the suitcase containing the drugs (with supporting CCTV, search list and DNA on personal items), and that he had knowledge and was transporting/concealing the drugs for trafficking; the chemist's evidence and chain of custody were reliable and admissible; alleged procedural irregularities (translator, formal written consent for blood) did not render evidence inadmissible; the accused failed to rebut statutory presumptions or…

Malaysia Case Law

Kunaseegaran A/l Ragavanaidu [Jabatan Peguam Negara]

[ ] Mbah Emmanuel Leo Arinse

[ ] Aufar Izhar Bin Anuar

[ ] MOHD SHARIZAL BIN AZIZ

PENDAKWARAYA 1. ) Abu Bakar bin Mahamad 2. ) Siti Syariza binti Ibrahim

PENDAKWARAYA 1. SATISH A/L SINNATHAMBI 2. MENAN RAJ A/L SUBRAMANIAM

PENDAKWARAYA JAVIER EDGARDO SILVA (PASSPORT NO.: 27380358)