Malaysia Case Law: Decisions & Judgments

Topic

Sufficiency of particulars

Legal area

Court

9 Jul 2025

PANG SZE YUN [ ]

Citation

DA-43-8-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

DA-43-8-07/2025 (Mahkamah Tinggi)

The High Court quashed the conviction and sentence because the framed charge failed to allege the essential ingredients of s.420 Penal Code (cheating), rendering it an offence unknown to law; the defect was fundamental and not curable under ss.156/422 KTJ, and notwithstanding the plea being voluntary and informed, the defective charge caused a miscarriage of justice requiring quashing and discharge.
23 Nov 2023

Zalita Binti Haron [ ]

Citation

BA-42(R)(A)-2-01/2019 (Mahkamah Tinggi)
Court

R
Case number

BA-42(R)(A)-2-01/2019 (Mahkamah Tinggi)

The appellate court upheld the trial judge's findings that the prosecution proved the elements of s.409 (entrustment and dishonest misappropriation) by documentary MyIMMS records, original and forged receipts and supporting witness testimony; entrustment can be indirect; absence of CCTV or expert signature comparison did not undermine the totality of evidence; therefore convictions and sentences were safe and would not be disturbed.
2 Aug 2022

1. ) MOHD HAFIZI BIN MOHD SALLEH 2. ) MUHAMMAD SHAHRUL IZHAM BIN ANUAR 3. ) ZABIDAH BINTI ATAN ACTIVE TRAFFIC SERVICES SDN. BHD.

Citation

BA-12ANCvC-42-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-42-04/2022 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's striking out of the appellants' counterclaim because the counterclaim was an obvious afterthought inconsistent with earlier admissions, lacked necessary particulars to disclose a cause of action or establish causation for the alleged pecuniary losses, and the trial judge properly exercised discretion under Order 18 r.19(1); appellate intervention was unwarranted as there was no plain error in fact or law.

Malaysia Case Law

PANG SZE YUN [ ]

Zalita Binti Haron [ ]

1. ) MOHD HAFIZI BIN MOHD SALLEH 2. ) MUHAMMAD SHAHRUL IZHAM BIN ANUAR 3. ) ZABIDAH BINTI ATAN ACTIVE TRAFFIC SERVICES SDN. BHD.