Malaysia Case Law: Decisions & Judgments

Topic

Credibility and demeanour

Legal area

Court

23 Jan 2026

SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

Citation

BA-42S-9-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-9-09/2024 (Mahkamah Tinggi)

The High Court correctly treated the appellate order to call the accused to enter his defence as an indication that a prima facie case existed; on full evaluation of the total evidence including the complainant's testimony and supporting material (background, conduct after the event, medical/psychiatric evidence), the elements of rape under s.376(1) were proved beyond reasonable doubt; the accused's inconsistent and unsupported defence failed to raise reasonable doubt; the sentence of 10 years imprisonment and three strokes was not grossly inadequate and should be upheld; suspension of execut…
18 Dec 2025

ALM TRADING SDN BHD CS NAM SDN BHD

Citation

WA-12BNCC-15-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-15-06/2025 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: the plaintiff's contemporaneous documentary evidence together with signed letters and part payments constituted acknowledgements under s.26(2) Limitation Act 1953, rendering the action not time-barred; the defendant's denials were unsubstantiated and its counterclaim lacked contractual basis and evidential support, therefore the appeal is dismissed.
14 Nov 2024

MOHD HANAFI BIN MOHD ZAKI

Citation

DA-42S(A)-2-10/2023 (Mahkamah Tinggi)
Court

A
Case number

DA-42S(A)-2-10/2023 (Mahkamah Tinggi)

The High Court held the appellants’ defence failed to create reasonable doubt against the prima facie case established earlier; the trial judge’s findings on credibility and demeanour were not shown to be wrong; concurrent High Court jurisdiction prevented overruling the prior High Court judge’s order; therefore convictions and sentences were affirmed.
27 Nov 2023

NOR HAFIZ BIN HANAPI [Timbalan (TPR), Jabatan Peguam Negara]

Citation

CB-42JSKS(A)-1-02/2023 (Mahkamah Tinggi)
Court

A
Case number

CB-42JSKS(A)-1-02/2023 (Mahkamah Tinggi)

Appeal allowed and conviction set aside because the trial judge's reliance on the child witness and RVT recording without contemporaneous demeanour notes (s271 CPC) and absence of authoritative evidence on clinical treatment procedures created a material evidential gap as to whether the contact was sexual; the conviction was therefore unsafe.
25 May 2023

MOHD HAZLI BIN MAHYEDDIN

Citation

AB-83-231-05/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83-231-05/2020 (Mahkamah Majistret)

The court found the prosecution proved all elements of s323 read with s326A beyond reasonable doubt: the accused and victim were spouses, medical and testimonial evidence established injury (minimal bruising to left thigh), accused acted with knowledge or intent likely to cause hurt, and the defence of grave and sudden provocation failed as the alleged scratching and subsequent events were neither grave nor sudden; defence failed to raise reasonable doubt and conviction and sentence were upheld.
3 Oct 2019

ESTHER WANJA

Citation

B-05(LB)-172-03/2018 (Mahkamah Rayuan)
Court

LB
Case number

B-05(LB)-172-03/2018 (Mahkamah Rayuan)

The Court upheld the High Court's finding that the respondent successfully rebutted the statutory presumptions on a balance of probabilities because the totality of evidence (relationship with Frank, plausibility of innocent carrier account, expertly concealed secret compartment, corroborating business materials, consistency with cautioned statement and credible demeanour) made wilful blindness not established; therefore the acquittal stood and no appellate interference was warranted.

Malaysia Case Law

SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

ALM TRADING SDN BHD CS NAM SDN BHD

MOHD HANAFI BIN MOHD ZAKI

NOR HAFIZ BIN HANAPI [Timbalan (TPR), Jabatan Peguam Negara]

MOHD HAZLI BIN MAHYEDDIN

ESTHER WANJA