Malaysia Case Law: Decisions & Judgments

Topic

Charge framing

Legal area

Court

27 Mar 2024

SHAMSUL BAHRI BIN MUSA [TIMBALAN ]

Citation

WA-42S-7-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-7-09/2022 (Mahkamah Tinggi)

SCJ2 failed to perform the mandatory maximum evaluation of the entire evidence by not juxtaposing the defence case with the prosecution's case; the charges were defective for CBT because they omitted the mode of commission, entrustment particulars and mens rea; prosecution thus failed to prove entrustment and dishonest intention beyond reasonable doubt and the conviction was unsafe and must be set aside, resulting in acquittal and discharge.
12 May 2022

ABDUL AZIZ BIN ISMAIL [ ]

Citation

AB-42S-1-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-42S-1-02/2021 (Mahkamah Tinggi)

The appeal court found the charge materially defective because the particulars describe acts amounting to outrage of modesty under section 354 while the prosecution charged attempted rape under section 376(3) read with section 511; the accused was thereby misled and suffered an unfair trial. Further, the evidence did not establish beyond reasonable doubt that the accused had progressed beyond preparation to an attempt to rape; accordingly there was miscarriage of justice and the conviction was quashed with the accused acquitted and discharged.
18 Feb 2022

PENDAKWARAYA MOK CHEE CHONG

Citation

WA-41H-32-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41H-32-07/2021 (Mahkamah Tinggi)

Omission of the essential ingredient that the property 'may be reasonably suspected of being stolen or fraudulently obtained' rendered the charge defective; a plea of guilty to such a defective charge is no plea; conviction and sentence were set aside and a retrial on a proper charge was ordered under s316(b)(i) CPC.
8 Nov 2019

PENDAKWARAYA Y.Bhg Dato’ Raja Rozela bt Raja Toran together with Tn. Ahmad Sazilee b. Abdul Khairi, Tn. Gan Peng Kun, Tn. Lee Keng Fatt, Pn. Nur Aishah binti Ahmad Zalehuddin & Mohd Afif b. Ali Public Prosecutor [Attorney General’s Chambers

Citation

WA-44-236-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-236-09/2019 (Mahkamah Tinggi)

Section 153(2) CPC is permissive not mandatory; the amended charges provided adequate particulars under s153(1) and did not occasion prejudice or demonstrate mala fide; the court has jurisdiction to entertain an application to amalgamate charges but on the facts exercise of that power was unwarranted; therefore the application to amalgamate was dismissed.

Malaysia Case Law

SHAMSUL BAHRI BIN MUSA [TIMBALAN ]

ABDUL AZIZ BIN ISMAIL [ ]

PENDAKWARAYA MOK CHEE CHONG

PENDAKWARAYA Y.Bhg Dato’ Raja Rozela bt Raja Toran together with Tn. Ahmad Sazilee b. Abdul Khairi, Tn. Gan Peng Kun, Tn. Lee Keng Fatt, Pn. Nur Aishah binti Ahmad Zalehuddin & Mohd Afif b. Ali Public Prosecutor [Attorney General’s Chambers