Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Amendment of charge (s.422 cpc)
  • 13 Apr 2022

    Vijayakumaran A/l Manogar [ ]

    Citation
    BA-42S-23-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-23-07/2020 (Mahkamah Tinggi)

    Court held the trial judge erred in doubting identity of the seized parang; identification by arresting officer (SP4) and confirmation by store officer (SP6) together with exhibit markings sufficiently linked the weapons to the seizure and to the accused. Procedural omissions and lack of formal paperwork were irregularities curable under s.422 CPC and did not occasion failure of justice. Joint trial without formal written order did not vitiate the trial because the offences formed the same transaction and the accused were not prejudiced. Trial court's adverse credibility findings against appe…