Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Alibi defense
  • 15 Feb 2018

    Ooi Chee Tiong

    Citation
    K-05(SH)-29-01/2017 (Mahkamah Rayuan)
    Court
    SH
    Case number
    K-05(SH)-29-01/2017 (Mahkamah Rayuan)

    Court found prosecution proved both elements of s26J: appellant was the registered owner of vessel PSF 1857 (P23) and retained custody and control as evidenced by registration records, fuel purchase and landing declarations, expert inspection linking the vessel to PSF 1857 and physical modifications suitable for carrying hundreds, and migrant testimony that the vessel carried over 200 persons; appellant's documentary sale evidence and alibi failed to raise reasonable doubt; conviction under s26J and sentence of 54 months imprisonment were therefore upheld.