Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sentencing and suspension of sentence

Legal area

Court

29 Aug 2025

VARATHRAJU PILLAI A/L SEEVARAJA PILLAI

Citation

AA-82-9-10/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-82-9-10/2021 (Mahkamah Majistret)

Prosecution discharged burden beyond reasonable doubt: consistent and credible eyewitness testimony and investigative findings established the report (P4) was false, the defendant knew it was false, and the false report caused police to open investigation and arrest SP3; defence evidence was uncorroborated, medical note recorded history only and did not create reasonable doubt; conviction under s.182 was therefore appropriate and sentence imposed to reflect public interest and deterrence. Execution of imprisonment was suspended pending appeal on specified bail conditions.
22 Nov 2021

PENDAKWARAYA Puan Afiqah Izzati Binti Mazlan DINESH KUMAR A/L RAVINDRAN

Citation

AA-83D-1329-08/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-83D-1329-08/2019 (Mahkamah Majistret)

Prosecution proved beyond reasonable doubt that the accused had physical custody and control of the drugs found in his trouser pocket and, applying the statutory presumption under s37(d) Dangerous Drugs Act 1952 and the totality of credible police evidence, the defence failed to rebut possession and knowledge or to undermine chain of custody; therefore conviction under s12(2) DDA 1952 was warranted and sentence under s39A(1) imposed (30 months imprisonment and 3 strokes).