Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Cautioned statements and s.182a cpc

Legal area

Court

19 Apr 2021

MOHD ZAHARANI BIN HARUN PUBLIC PROSECUTOR

Citation

AA-42K(A)-1-09/2019 (Mahkamah Tinggi)
Court

A
Case number

AA-42K(A)-1-09/2019 (Mahkamah Tinggi)

The trial record and documentary evidence (cashbook entries, voucher comparisons and MPM records) plus direct testimony of the victim established beyond reasonable doubt that the impugned receipt was forged and that the appellant dishonestly used it in relation to the RM44,949.15 transaction; the defence explanations (including cautioned statement and witnesses without s.112 statements) did not raise a reasonable doubt, therefore convictions under s.420 and s.471 (punishable under s.467) are upheld.
1 Jan 1900

FRANKLIN OKOROCHA CHIBUIKE PUBLIC PROSECUTOR

Citation

B-05(M)-350-07/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-350-07/2018 (Mahkamah Rayuan)

Conviction unsafe because the trial judge materially misdirected himself by mis-evaluating forensic provenance (DNA seized from a different room), failing to consider the appellant's cautioned statement D48 as required, and misapplying statutory presumptions (invoking s.37(da) without lawful proof of possession and confusing burdens). Those errors cumulatively deprived the appellant of a fair determination; appeal allowed and conviction quashed with acquittal and discharge.