Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of cautioned statements

  • 5 Mar 2024

    MALARVILI A/P ARUMUGAM [ ]

    Citation
    B-05(M)-26-01/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-26-01/2019 (Mahkamah Rayuan)

    The Court affirmed convictions for kidnapping and murder because the prosecution proved beyond reasonable doubt that the appellants, acting with common intention, kidnapped the deceased for ransom and caused her death by suffocation; the accomplice witness (SP4) was credible and his testimony was independently corroborated by vehicle rental records, dashcam and GPS evidence, phone call transcripts and handset sale, and the cumulative circumstantial evidence (including last-seen together) established causation and guilt.

  • 14 Nov 2019

    CHANDRU A/L MUNIANDY

    Citation
    A-05(SH)-326-06/2018 & A-05(H)-329-06/2018 (Mahkamah Rayuan)
    Court
    SH
    Case number
    A-05(SH)-326-06/2018 & A-05(H)-329-06/2018 (Mahkamah Rayuan)

    The Court upheld convictions on all four charges because the prosecution proved chain of custody, the chemist's report and credible eyewitness evidence that the accused occupied the premises and had the power to deal with the drugs; admissions notwithstanding, sufficient independent evidence established possession and knowledge; the wife's cautioned statement was admissible under section 32 because she could not be procured and the statement was relevant; subsection 2A of s39B is retrospective but requires satisfaction of limbs (a) and (d) and either (b) or (c); limb (d) (assistance to enforc…