Malaysia Case Law

16 Feb 2022

BOO KOK KUEK GREAT EASTERN LIFE ASSURANCE (MALAYSIA) BERHAD

Citation

WA-A72NCvC-11527-11/2020 (Mahkamah Majistret)

Court

Magistrates' Court

Case number

WA-A72NCvC-11527-11/2020 (Mahkamah Majistret)

Court found no conclusive evidence that Plaintiff was legally intoxicated because no objective breath/blood/urine tests meeting statutory limits were produced; absence of a definition in the policy required reference to Road Transport Act s45G and clause 6.2.8; on balance of probabilities Defendant wrongly refused payment under the policy and must pay the claimed medical expenses with interest and costs.

• Policy exclusion
• Intoxication
• Burden of proof
• Medical expenses
• Contra proferentem

21 Sept 2020

PENDAKWARAYA MUHAMMAD SIDDIQ BIN ABDULLAH

Citation

BA-45B-61-12/2017 (Mahkamah Tinggi)

Court

High Court

Case number

BA-45B-61-12/2017 (Mahkamah Tinggi)

On maximum evaluation the prosecution proved beyond reasonable doubt that the deceased died from multiple blunt force trauma inflicted by the accused (supported by dying declaration, DNA linking accused and deceased to weapons and clothing, pathology consistent with inflicted injuries) and that the injuries were inflicted with intent sufficient under limb (c) of s.300 Penal Code; defences (intoxication, incapacity, alibi) failed to raise reasonable doubt; conviction and mandatory death sentence under s.302 followed.

• Murder
• Dying declaration
• Dna evidence
• Circumstantial evidence
• Intoxication
• Prima facie

PENDAKWA RAYA V AWANG RADUAN BIN AWANG BOL

Citation

PENDAKWA RAYA V AWANG RADUAN BIN AWANG BOL

Court

Malaysian court

There was no evidential basis for Exception 4: the accused left and returned after about an hour with an axe and knife and admitted planning the attack, so the killing was premeditated and cruel; therefore the High Court correctly convicted for murder and the Court of Appeal misdirected itself by reducing the conviction absent sufficient evidence of a sudden fight.

• Murder
• Culpable homicide not amounting to murder
• Sudden fight (exception 4 s.300)
• Provocation (exception 1 s.300)
• Intoxication
• Misdirection