Malaysia Case Law: Decisions & Judgments

Topic

Evaluation of defence evidence

Legal area

Court

6 Oct 2025

SUHAIMI BIN MOHD NOR

Citation

AA-83-790-07/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-83-790-07/2022 (Mahkamah Majistret)

The prosecution failed to prove beyond reasonable doubt that the accused drove in a manner dangerous to the public or that his driving caused the death because objective and corroborated evidence (GPS data, tyre marks, dashcam, credible testimony of sudden inadequately signposted roadworks) showed the accused reacted promptly and that external roadworks-induced congestion was the predominant cause of the collision.
15 Aug 2023

LIEW WIN THAI [ ]

Citation

CB-42S-5-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-42S-5-12/2021 (Mahkamah Tinggi)

Appeal allowed and conviction and sentence set aside because reliance on kawad cam and in‑court identification by SP6 was unsafe given material contradictions between eyewitnesses, lack of corroborative physical exhibits (plastic bottles and lab report) and inadequate evaluation of defence evidence by the trial judge; the totality of evidence did not prove guilt beyond reasonable doubt.
23 Jun 2023

SALMI BINTI A. RAHMAN

Citation

BL-42H(A)-1-01/2022 (Mahkamah Tinggi)
Court

A
Case number

BL-42H(A)-1-01/2022 (Mahkamah Tinggi)

High Court found the trial judge failed to perform the judicial duty of evaluating all evidence including the defence as required by s182A CPC, a misdirection by non‑direction rendering the convictions unsafe; accordingly the convictions and sentences on all three charges were quashed.
12 Aug 2021

ROZAIDI BIN RAMLI

Citation

CB-41S-3-03/2020 & CB-41S-4-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-41S-3-03/2020 & CB-41S-4-03/2020 (Mahkamah Tinggi)

Magistrate erred by allowing prior findings on the prosecution case to influence and effectively re‑deciding the prosecution case at the defence stage instead of properly evaluating whether the defence evidence raised a reasonable doubt; because the Magistrate's assessment was prejudiced and failed to give proper weight to defence explanations, the convictions and sentences were unsafe and were set aside.

Malaysia Case Law

SUHAIMI BIN MOHD NOR

LIEW WIN THAI [ ]

SALMI BINTI A. RAHMAN

ROZAIDI BIN RAMLI