Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Conduct evidence s.8(2)
  • 2 Nov 2022

    Shohel [ ]

    Citation
    B-05(M)-520-11/2019 (Mahkamah Rayuan)
    Court
    M
    Case number
    B-05(M)-520-11/2019 (Mahkamah Rayuan)

    The appeal was dismissed because the information supplied by the appellant to police that led to discovery of the axe and clothing was properly admissible under s.27 Evidence Act; voluntariness is not a precondition of admissibility under s.27 and no satisfactory proof of involuntariness or prejudice was raised to justify exclusion; the appellant's conduct was admissible under s.8(2); forensic (DNA) and corroborative circumstantial evidence cumulatively proved guilt beyond reasonable doubt; failure to call Farouk did not create a fatal gap as he was untraceable and not shown to be material; t…