Malaysia Case Law: Decisions & Judgments

Topic

Appeal on findings of fact

Legal area

Court

3 Mar 2025

SUKHDARSHAN SINGH A/L BAG SINGH TERMIT KAUR A/P RANJIT SINGH

Citation

WA-12BNCC-30-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-30-09/2023 (Mahkamah Tinggi)

The appellant failed to discharge the burden of proving an illegal moneylending agreement; the Sessions Court's factual finding that no moneylending was proved and that the plaintiff established unjust enrichment was not plainly wrong and will not be disturbed; accordingly the appeal is dismissed and the Sessions Court order for restitution remains effective.
28 Oct 2024

AHMAD RADZI BIN ROSLAN

Citation

AA-42JSKS-1-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42JSKS-1-02/2023 (Mahkamah Tinggi)

The High Court upheld the conviction because the child victim's testimony, when assessed holistically, was credible and consistent on material points and supported by medical evidence of bruising consistent with blunt penetration; re-examination was a permissible clarification not new evidence; the late affidavit (Exhibit D15) and SD2 were unreliable/afterthought or interested and insufficient to raise reasonable doubt; and the sentence fell within judicial discretion, therefore both the appeal and cross-appeal were dismissed though conditional suspension under s.311 was permitted as previous…
30 Mar 2023

Mohamad Najmi Bin Mohd Rejab [ ]

Citation

PB-41S-3-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PB-41S-3-10/2021 (Mahkamah Tinggi)

The High Court dismissed the appellant's appeal against conviction because the magistrate's adverse credibility findings of prosecution witnesses were not shown to be manifestly against the weight of evidence, the prosecution had established a prima facie case including identity and possession of MDMA (5.81g), there was no new evidence to create reasonable doubt, and any failure to call Const. RF202554 did not prejudice the defence because his testimony was offered and the prosecution's documentary and oral evidence was clear.
21 Nov 2022

MAHESWARI A/P NARAYANASAMY (mendakwa sebagai balu yang sah dan orang tanggungan Munusamy a/l Sangran, simati) 1. ) KANNIAPAN A/L SUBRAMANIAM 2. ) KS THESVIN TRADING

Citation

BA-12B-124-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-124-12/2020 (Mahkamah Tinggi)

The plaintiff failed to discharge the burden of proof on a balance of probabilities under Section 102 Evidence Act 1948; the High Court found no error in the Sessions Court's factual findings about how the accident occurred and therefore dismissed the appeal.
10 May 2021

XXXX LEE HOON POI

Citation

J-04(W)-610-12/2018 (Mahkamah Rayuan)
Court

W
Case number

J-04(W)-610-12/2018 (Mahkamah Rayuan)

The Court held the LJC did not err in setting aside the trial court's RM2,000,000 award for a bionic prosthesis and reducing it to RM620,370 for a mechanical prosthesis because the higher award was disproportionate in the overall compensatory scheme given findings on employment, the claimant's post‑accident conduct (resuming then resigning), existing awards for actual and future loss of earnings, lack of sufficient evidence that mechanical options were unsuitable after following recommended remediation, and public policy concerns about precedent; exemplary/aggravated damages were not awarded…
22 Oct 2019

LAI THAI LEONG PUBLIC PROSECUTOR

Citation

Q-05(M)-296-06/2018 (Mahkamah Rayuan)
Court

M
Case number

Q-05(M)-296-06/2018 (Mahkamah Rayuan)

Trial judge correctly found appellant had custody and control of the sealed consignment, appellant's conduct (throwing the box, resisting arrest, anxious behaviour) supported an inference of knowledge of the illicit contents, there was no break in the chain of custody, the innocent carrier explanation was implausible, and therefore the conviction and sentence under Section 39B were safe and to be affirmed.

Malaysia Case Law

SUKHDARSHAN SINGH A/L BAG SINGH TERMIT KAUR A/P RANJIT SINGH

AHMAD RADZI BIN ROSLAN

Mohamad Najmi Bin Mohd Rejab [ ]

MAHESWARI A/P NARAYANASAMY (mendakwa sebagai balu yang sah dan orang tanggungan Munusamy a/l Sangran, simati) 1. ) KANNIAPAN A/L SUBRAMANIAM 2. ) KS THESVIN TRADING

XXXX LEE HOON POI

LAI THAI LEONG PUBLIC PROSECUTOR