Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Ingredients of offence

Legal area

Court

16 Oct 2023

[Pejabat Pengarah Pendakwaan Negeri Kelantan] Mat Udin Bin Berahim

Citation

DI-83RS-25-08/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DI-83RS-25-08/2020 (Mahkamah Majistret)

Prosecution failed to prove the crucial element that the oil palm fruits were taken from KESEDAR's possession or harvested from KESEDAR trees; there was no direct witness to the harvesting and no forensic linkage of the perishable fruits to the plantation, therefore no prima facie case at the close of the prosecution's case and the accused must be acquitted and discharged.
12 Aug 2020

1. ) Shahrizal bin Shukor 2. ) 1. ) 2. ) Shahrizal bin Shukor

Citation

JA-42S-2-02/2019 & JA-42H-4-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-42S-2-02/2019 & JA-42H-4-02/2019 (Mahkamah Tinggi)

Conviction overturned because prosecution failed to prove all statutory ingredients of section 472: specifically there was insufficient evidence of the appellant's intention that the counterfeit stamps be used to commit a forgery and the medical certificates did not amount to "valuable securities" under section 30, therefore s.467 was not engaged and s.472 was not made out.