Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of discovery (s 27 evidence act)

Legal area

Court

11 Sept 2023

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Citation

W-05(LB)-70-02/2020 (Mahkamah Rayuan)
Court

LB
Case number

W-05(LB)-70-02/2020 (Mahkamah Rayuan)

The Court of Appeal held the trial judge did not err: prosecution adduced a coherent chain of circumstantial and direct evidence (positive identification by two independent witnesses, corroborating CCTV, forensic evidence of accelerant and LPG cylinders, and conduct/discovery evidence) sufficient to make out a prima facie case against PKK1 under s 300(d); testimony of SP70/SD3 was properly treated as that of an accomplice/interest witness and rejected or approached with caution; defence alibi and denials failed to raise reasonable doubt. Conversely, prosecution failed to make out a prima faci…
12 Sept 2022

1. ) TAN KANG LOON 2. ) Ong Siang Hong [ ]

Citation

AA-41ES-1-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-41ES-1-03/2022 (Mahkamah Tinggi)

Conviction was unsafe because the trial judge improperly relied on exhibits and photographs found at a second location which had been excluded and thereby based the conviction on evidence outside the admissible record; combined with gaps in identification of seized items and an acceptable defensive explanation, the presumption under s11(4) could not safely sustain conviction and the appellate court must quash the conviction and order acquittal.