Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Change of magistrate

  • 26 Jun 2024

    AHMAD SYAHIERAN BIN ABU BAKAR

    Citation
    TB-83D-31-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TB-83D-31-01/2021 (Mahkamah Majistret)

    The prosecution proved chain of custody, identity and weight of the drug (21.21g methamphetamine) through credible police and chemist evidence; eyewitness testimony established the packet was found in the accused's shorts that he was wearing and his flight on seeing police supported knowledge; absence of DNA/fingerprint and exclusion of acupakai photos did not create reasonable doubt. Alleged conflict of interest and late WhatsApp evidence did not materially prejudice trial and did not warrant DNAA or retrial. Accordingly the accused was convicted under s12(2) read with s39A(1) DDA 1952 and s…

  • 16 Oct 2023

    Maya Binti Ahmad Fuad

    Citation
    WA-41(Ors)-4-11/2022 (Mahkamah Tinggi)
    Court
    Ors
    Case number
    WA-41(Ors)-4-11/2022 (Mahkamah Tinggi)

    The High Court held the learned M2's dismissal of the appellant's interlocutory application was not appealable because it did not finally dispose of the appellant's rights under s.3 CJA and s.307 CPC; further, the appellant failed to establish that the original magistrate had ceased jurisdiction or that any real likelihood of bias or prejudice occurred, so the continuation of the part‑heard trial was not void and the correct remedies are revision or challenge on final appeal, not an interlocutory appeal.