Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Use of dangerous weapon

  • 6 Sept 2024

    JEYABALAN A/L KUMARASAMY

    Citation
    PB-62-5-01/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    PB-62-5-01/2022 (Mahkamah Sesyen)

    Prosecution proved both elements of Section 326: (1) the defendant intentionally used a parang to attack the victim and (2) the victim sustained grievous hurt as defined in Section 320, supported by consistent victim testimony, independent eyewitness account and medical evidence; the defence was limited to uncorroborated denials and self-defence assertions which failed to raise reasonable doubt. Therefore the defendant is guilty under Section 326 and a custodial sentence with fine is appropriate.

  • 7 Feb 2024

    SOH AH HUAT

    Citation
    NA-83-158-02/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NA-83-158-02/2024 (Mahkamah Majistret)

    Conviction is upheld because the accused voluntarily pleaded guilty and the exhibits proved each element of the offence; the sentence of 4 months imprisonment and fine RM2000 (2 months imprisonment if fine unpaid) is appropriate after balancing mitigating factors (age, remorse, guilty plea) against aggravating factors (use of a dangerous weapon, multiple targeted blows to head/neck/shoulder, serious injury) and the public interest in deterrence, and is well within the statutory maximum under s.324.