Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Investigative defects

  • 4 Nov 2025

    ROSMAINI BIN ABDUL RAOF

    Citation
    JA-42H-13-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42H-13-12/2024 (Mahkamah Tinggi)

    The trial judge did not err: SP1's in‑court demeanour and testimony were credible; the belated statutory declaration and police report were afterthoughts and contested, did not create reasonably possible alternative hypotheses, and did not break the complete circumstantial chain pointing to the accused; refusal to recall SP1 was a proper exercise of discretion under Section 425 CPC; SP1's testimony was direct evidence and not inadmissible hearsay; alleged investigative defects were immaterial; the 10‑year sentence (with 14 months remand served) was within the appropriate range and not manifes…

  • 19 Dec 2022

    [TIMBALAN ] Muhamad Izwan Bin Rosdan 019-3120089

    Citation
    BA-41H-47-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-41H-47-04/2021 (Mahkamah Tinggi)

    The prosecution failed to prove, on the evidence, that the respondent was driving in a dangerous manner under section 41(1); the Magistrate rightly amended the charge under section 41(4) to section 43 given evidential gaps (notably lack of investigation into the respondent's defence about the deceased emerging from a junction without lights), and the sentence of RM4,500 (default 6 months) was not manifestly inadequate and was affirmed.