Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Intent to screen offender
  • 12 Feb 2020

    ERMAWANI BINTI E SHADALI

    Citation
    BA-41LB(A)-4-04/2019 (Mahkamah Tinggi)
    Court
    A
    Case number
    BA-41LB(A)-4-04/2019 (Mahkamah Tinggi)

    The High Court held the magistrate erred in treating the alleged contradiction between P5 and P12 as creating reasonable doubt because SP4's account explained the amendment and established that the respondent amended P12 and initialed it at SP4's request; the respondent had exclusive custody and control of the seized items, 60 packets disappeared while under her control, she failed to take follow-up action to obtain prosecution instructions, and her conduct demonstrated intent to screen the offender; conviction under s201 Penal Code was therefore justified and the acquittal was set aside.