28 Dec 2025
Material and irreconcilable contradictions in prosecution witnesses about the circumstances of the arrest and an incomplete investigation meant the prosecution failed to prove possession (knowledge, custody, control) beyond reasonable doubt; therefore no prima facie case and accused must be discharged and acquitted.
24 Mar 2025
The accused was convicted because the prosecution proved beyond reasonable doubt that he had custody and exclusive control of the pot containing 42 packages of Mitragynine (chemist report 33.60 litres), he led police to its discovery thereby demonstrating knowledge, the statutory presumption under section 30(4) Poisons Act was properly invoked and not rebutted, and the conduct of pointing was admissible under sections 27 and 8 of the Evidence Act; accordingly guilty under section 30(3) Poisons Act 1952 and sentenced to a fine of RM6,000 or 12 months' imprisonment in default.
5 Mar 2025
Applying maximum evaluation the court found that for Amended First and Second charges the prosecution failed to prove prima facie that penetration occurred because the complainant's evidence contained material inconsistencies as to time and circumstances, investigations produced no independent corroborative or forensic evidence, and the complainant's testimony was not of 'special weight'; therefore the accused was discharged on those two charges. The court found prima facie established only for the Amended Third charge and ordered the accused to enter defence on that count.
17 Oct 2024
Prosecution failed to prove possession and knowledge against both accused because proximity alone was insufficient, the material witness (owner) was not called and the prosecution failed to take reasonably practicable steps to secure her attendance so her recorded statement was excluded; investigation was incomplete creating reasonable doubt and therefore no prima facie case was made out to call accused to answer under s.180(4) CPC; accused discharged and acquitted.
20 Sept 2024
The prosecution failed to prove that the accused had possession, control or knowledge of the seized drugs and failed to exclude access by others to the premises; evidential gaps and investigative deficiencies meant no prima facie case was established, therefore the accused was discharged and acquitted under section 180(2) CrPC.
21 Aug 2023
Prosecution failed to prove a prima facie case because material doubts remained on whether accused made false representations, knew they were false, acted dishonestly, and whether transfers were made to accused or their accounts; investigation did not establish necessary nexus to satisfy criminal ingredients; therefore accused were discharged at close of prosecution case.
19 Jun 2023
Conviction was upheld because the child complainant’s sworn evidence was found unusually convincing, consistent on the core facts, and admissible under s18 AKSTK despite lack of corroboration; alleged contradictions and investigative omissions were non-material and not fatal; however the aggregate sentence imposed by the trial court was manifestly excessive and was reduced by the High Court to 6 months imprisonment (from date of High Court decision) and two strokes, with other ancillary orders maintained.
7 Nov 2021
Conviction affirmed: the charge under s417 Penal Code was not defective because the offence is known by name and the statutory definition in s415 incorporates mens rea; deficiencies alleged in investigation did not undermine the credible, consistent witness evidence supporting conviction; sentencing exercise by the Magistrate was re‑evaluated and, although conviction stands, the custodial sentence of 2 years was excessive in light of mitigating factors and available statutory alternatives, and was therefore substituted with a fine of RM20,000 or 3 months imprisonment in default.