Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Curability of defects
  • 12 Feb 2026

    Mohamad Hamzi bin Mohd Kasmadi

    Citation
    JA-44-1-01/2026 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-44-1-01/2026 (Mahkamah Tinggi)

    The application is dismissed: the charges are not defective because each count gives sufficient certain notice (month, precise location, victim identity and manner) for an offence under s14(d) SOACA 2017 where date/time are not essential; the applicant has not demonstrated actual prejudice under s156 CPC (no specific alibi particulars or corroborating witnesses identified); the application is also premature because the prosecution may amend charges before judgment; any minor defect would be curable under s422 CPC.