Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Death penalty discretion

  • 3 Jun 2025

    [ ] MUHAMAD SYAFIQ BIN ROSLI

    Citation
    KA-45A-27-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-27-06/2023 (Mahkamah Tinggi)

    Court found prosecution proved a prima facie case: chemist confirmed seized substance was Cannabis; chain of custody and documentary/photographic evidence sufficiently linked the analysed samples to items recovered; accused was sole occupant, in close proximity and had custody and control of the drugs which were being transported over time constituting an overt act of trafficking under s.2 and s.39B; defence of innocent carrier rejected for lack of credible Alcontara particulars, implausibility and wilful blindness; accordingly accused convicted under s.39B(1)(a) and sentenced to death given…

  • 27 Aug 2024

    MUHAMMAD KHAIRUANUAR BIN BAHARUDDIN [ ]

    Citation
    05(L)-75-05/2024(W) (Mahkamah Persekutuan)
    Court
    L
    Case number
    05(L)-75-05/2024(W) (Mahkamah Persekutuan)

    The Federal Court allowed the Public Prosecutor's appeal, set aside the Court of Appeal's substitution, and restored the High Court murder conviction under s.302 because the prosecution proved beyond reasonable doubt that the respondent intentionally inflicted injuries falling within s.300(c) (medical evidence of severe blunt head trauma sufficient to cause death, last-seen-together, opportunity and post-event conduct indicating consciousness of guilt), the alibi failed to raise reasonable doubt, and lack of premeditation or malice did not negate the elements of s.300(c). The death sentence w…