Malaysia Case Law: Decisions & Judgments

Topic

Appellate review of facts

Legal area

Court

29 Aug 2024

MOHD AZIM AZUAN BIN AHMAD ROSDI

Citation

AB-42S-18-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AB-42S-18-11/2023 (Mahkamah Tinggi)

The High Court held the prosecution proved the offence and properly proved prior convictions via certified registry records under s.400 CPC read with Act 7 s.10; the chain of custody for urine samples was intact; the appellant failed to rebut the statutory presumption from the urine test (s.37(k)) and his methadone defence was disbelieved; convictions were therefore upheld and the sentence was reduced from 7 to 6 years, with 1 stroke of the rotan and 3 years AADK supervision maintained.
14 Jul 2023

Mohd Azzeli Bin Hussin 1. ) TAN CHEE CHUAN FRUITS SUPPLY 2. ) Hiap Seng Heng Construction Sdn Bhd 3. ) Kumaresan A/l Mutoraman

Citation

WA-12BNCvC-146-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-146-10/2022 (Mahkamah Tinggi)

The appeal was allowed because the court found the defendants' proposed prosthesis was not shown to be registered/approved under the Medical Device Act 2012 and therefore could not be relied upon; plaintiff's proposed MDA‑registered prosthesis was appropriate and the award for prosthesis and maintenance was increased to RM3,160,000. The cross‑appeal for a one‑third deduction for future contingencies was dismissed because, in light of amendments to ss.7(3) and 28A Civil Law Act, deductions for contingencies, vicissitudes and accelerated payment are not to be applied.
7 Nov 2021

JOLIANA BINTI OTHMAN … NO. K/P: 820124-08-5426

Citation

DA-41S-6-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41S-6-05/2019 (Mahkamah Tinggi)

Conviction affirmed: the charge under s417 Penal Code was not defective because the offence is known by name and the statutory definition in s415 incorporates mens rea; deficiencies alleged in investigation did not undermine the credible, consistent witness evidence supporting conviction; sentencing exercise by the Magistrate was re‑evaluated and, although conviction stands, the custodial sentence of 2 years was excessive in light of mitigating factors and available statutory alternatives, and was therefore substituted with a fine of RM20,000 or 3 months imprisonment in default.
2 Nov 2021

NOR BADLI MUNAWIR BIN MOHAMAD ALIAS LAFTI [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

WA-42R-10-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42R-10-10/2019 (Mahkamah Tinggi)

The Sessions Court's findings that (1) the appellant, as authorized signatory/CEO, was entrusted with company funds and directed payments without invoices; (2) cheques were encashed and cash delivered to the appellant; and (3) the primary facts of misappropriation were proved, justified invoking the rebuttable presumption under section 409B(1)(b)(i) which the appellant failed to rebut on balance of probabilities; those facts also established the monies as proceeds of the predicate offence and satisfied the elements of money laundering; convictions on CBT and money laundering are safe though s…

Malaysia Case Law

MOHD AZIM AZUAN BIN AHMAD ROSDI

Mohd Azzeli Bin Hussin 1. ) TAN CHEE CHUAN FRUITS SUPPLY 2. ) Hiap Seng Heng Construction Sdn Bhd 3. ) Kumaresan A/l Mutoraman

JOLIANA BINTI OTHMAN … NO. K/P: 820124-08-5426

NOR BADLI MUNAWIR BIN MOHAMAD ALIAS LAFTI [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]