Malaysia Case Law: Decisions & Judgments

Topic

Evidential sufficiency

Legal area

Court

27 Jan 2026

Dorbane Talha Abd Elkhalek 1. ) Peguam Negara Malaysia 2. ) Menteri Dalam Negeri

Citation

WA-25-427-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-427-12/2025 (Mahkamah Tinggi)

Leave to commence judicial review was refused because the applicant failed to meet the threshold: his affidavit lacked material particulars and documentary proof, relied on hearsay (communication to his wife) rather than proof the decision was communicated to him, contained conflicting evidence, and did not present an arguable case fit for further consideration; permitting the application would enable a fishing expedition and misuse of process.
11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-112-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-112-12/2021 (Mahkamah Sesyen)

Prosecution failed to prove essential elements of the charged offences beyond a prima facie threshold: third element of s.409 (dishonesty) not established; forgery and authorship of signatures on 73 cheques under s.468 not proved with sufficient, consistent expert and direct evidence; AMLA offences failed because predicate offences and knowledge/suspicion elements were not established. Accordingly no prima facie case existed and accused was discharged and acquitted without being called to enter defence.
10 Jan 2023

PENAMA/SIMATI ANBUGHANI A/L PAKEER MOHAMED

Citation

AA-65A-7-08/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-65A-7-08/2020 (Mahkamah Sesyen)

The deceased died from a gunshot wound to the chest; the shot was fired by D/L.Kpl. Cheah Yew Teik (SI-8) during an altercation outside the pub, but the evidence was insufficient to identify or criminally implicate other persons or to establish unlawful killing beyond the scope of the inquest, resulting in an open verdict.
14 Jun 2022

FLYGLOBAL CHARTER SDN BHD ALFAJR TRAVELS & TOURS SDN BHD

Citation

B-02(NCvC)(W)-1135-06/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-1135-06/2021 (Mahkamah Rayuan)

The Court allowed the Plaintiff's appeal because the High Court erred by deciding the dispute solely on the LOU without considering the interconnected Agreements and NESMA's role; the Defendant breached the LOU by failing to instruct NESMA and not chartering the flights, Plaintiff proved loss of revenue of USD5,946,000 for the period 10/02/2018–9/05/2018 on the balance of probabilities, and the Defendant's counterclaim failed for lack of proof.
5 Oct 2021

NUR FALISHSA FALEY BINTI LEONARD SONG

Citation

CB-41S-12-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-41S-12-12/2020 (Mahkamah Tinggi)

The High Court held the charging document was not irregular but the prosecution failed to prove the appellant's mens rea for the offence under s.424 Penal Code; the mere presence of complainant's funds in the appellant's account combined with the appellant's failure to promptly report a lost ATM card did not establish that she knowingly assisted to conceal stolen property, rendering the magistrate's conviction unsafe and warranting its setting aside.

Malaysia Case Law

Dorbane Talha Abd Elkhalek 1. ) Peguam Negara Malaysia 2. ) Menteri Dalam Negeri

WONG TZE WEI @ JAMES WONG

PENAMA/SIMATI ANBUGHANI A/L PAKEER MOHAMED

FLYGLOBAL CHARTER SDN BHD ALFAJR TRAVELS & TOURS SDN BHD

NUR FALISHSA FALEY BINTI LEONARD SONG