Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Causing hurt

  • 23 Aug 2024

    Ee Yong Nan [TIMBALAN ]

    Citation
    BA-42S-4-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-4-03/2022 (Mahkamah Tinggi)

    The High Court upheld the Sessions Court: prosecution proved prima facie cases for rape under s376(1) and causing hurt under s323; complainant's testimony was credible and consistent and supported by medical and independent witness evidence; SD2 was an interested witness and bare denial was insufficient to rebut the prosecution case; there was no withholding of material witnesses to invoke s114(g); sentencing was appropriate and not manifestly inadequate; convictions and sentences were therefore upheld.

  • 29 Jul 2024

    [ ] 1. ) NURUL ATIKAH BINTI HANAFI 2. ) MOHD HAIRIE BIN RAZALI

    Citation
    DJ-85-25-06/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DJ-85-25-06/2021 (Mahkamah Majistret)

    On maximum evaluation of prosecution evidence — including victim and eye‑witness testimony, contemporaneous police report and medical report corroborating recent injuries — the court found the prosecution proved all essential elements of sections 323/326A read with section 34 beyond reasonable doubt; the defence failed to raise reasonable doubt and admissions by accused reinforced guilt, warranting conviction and custodial sentence of eight months.

  • 23 Feb 2023

    SHUHAIMY BIN JOHRI

    Citation
    BK-83-194-02/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BK-83-194-02/2023 (Mahkamah Majistret)

    The court held that the guilty plea did not merit significant mitigation because the offences were serious, caused injury and property damage in the victim's presence, the accused had no viable defence, and public interest required deterrence; accordingly the accused was convicted on all counts and sentenced to imprisonment of 15, 20 and 12 months respectively from 20/2/2023, with suspension of execution pending appeal on bail as ordered.

  • 7 Oct 2022

    Public Prosecutor Ching Suet Yeen

    Citation
    BH-83-1090-06/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH-83-1090-06/2020 (Mahkamah Majistret)

    Although the prosecution proved that the accused caused a bite injury to the complainant, on the balance of probabilities the bite was inflicted while the accused was gripped from behind and was an act of private defence not excessive for the purpose of defence; therefore the defence of private defence succeeded and the accused was acquitted.

  • 10 Feb 2021

    PENDAKWARAYA P.Sirangam A/L Perumal

    Citation
    JG-83-50-02/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JG-83-50-02/2021 (Mahkamah Majistret)

    The court held that an offence under s.323 read with s.326A is non-compoundable and attracts mandatory imprisonment (up to two years for s.323/326A); a good behaviour bond cannot be ordered; PKW was inappropriate due to the defendant's age and infirmity; balancing statutory mandate and mitigating factors (age 66, health, first offender, guilty plea, minor injury to victim and COVID-19 risks), the appropriate sentence was one day imprisonment from date of conviction.