Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Judicial notice

  • 13 Apr 2026

    MUHAMAD ARDILLA BIN USMAN

    Citation
    JC-85-104-04/2026 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JC-85-104-04/2026 (Mahkamah Majistret)

    The court accepted the unqualified guilty pleas and held appeal against conviction barred by s.305 CPC. Applying the one-transaction and totality principles, the court found no nexus between the drug possession offence and the subsequent theft/minor offences (no proximity of time/place or continuity of action/purpose). Consequently the court ordered the 12-month drug sentence to run from 18.1.2026 and the 10-month (theft) and 6-month (minor offence) sentences to run concurrently with each other but to commence only after completion of the drug sentence. The appeals were dismissed and sentence…

  • 5 Feb 2026

    MAGESWARAN A/L NADARAJAH 1. ) SARASVATHY A/P ANTHONY DASS 2. ) LAKSHMANAN A/L RAMAKRISHNAN

    Citation
    JA-12ANCvC-1-01/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-12ANCvC-1-01/2025 (Mahkamah Tinggi)

    Appeal allowed: OTP is a bona fide option/sale contract and its liquidated damages clause is pre-agreed compensation, not 'interest' under the Moneylenders Act 1951; Appellant's loans were interest-free personal loans and he is not an unlicensed moneylender; Session Court erred in relying on hearsay evidence of D1 and in applying presumptions under s.10A Act 400; consequentially the Session Court judgment is set aside and Appellant awarded principal amounts, contractual sums and interest at 5% p.a., with costs.

  • 15 Dec 2025

    AB KADIR ZAILANI BIN ABDUL HUKOM

    Citation
    WA-42H-18-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42H-18-11/2024 (Mahkamah Tinggi)

    The appeal is dismissed and the sentence is affirmed because s39C expressly mandates heavier punishment for repeat offenders; there was no double counting of prior convictions by the trial judge; the mitigating factors relied on did not outweigh the statutory scheme and public interest considerations; and the court properly took judicial notice of drug offence trends and statistics to support the sentence.

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)

    The court accepted the sworn testimony of the child victim as competent, credible and reliable under ss.17–18 Akta 792; medical evidence of old hymenal tears corroborated penetration; defence alibi and interested witness evidence failed to raise reasonable doubt; inconsistencies were minor and immaterial; therefore prosecution proved elements of sexual assault (s.14(a) Akta 792) and rape (s.376(2)(f) Kanun Keseksaan) beyond reasonable doubt and the conviction and sentences as imposed were justified and affirmed, with ancillary orders for counselling, police supervision and compensation upheld…

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-40-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-40-12/2023 (Mahkamah Sesyen)

    The court convicted the accused on all seven charges because the child complainant was competent and her sworn testimony was found credible and corroborated by medical findings and supporting witnesses; the defence alibi and interested defence witnesses failed to create reasonable doubt; sentencing followed statutory ranges and relevant principles, ordering specified prison terms and strokes with all sentences to run concurrently, counselling and police supervision, and compensation; the court refused to amend charges or apply a sentencing provision not included in the charge.

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)

    The court accepted the child victim's sworn testimony as competent, credible and sufficient under ss.17 and 18 Akta 792, corroborated by medical findings and supporting witnesses; defence alibi and interested witness testimony were unreliable; thus elements of sexual assault under s.14(a) Akta 792 and rape under s.376(2)(f) Kanun Keseksaan were proved beyond reasonable doubt, warranting conviction and the sentencing orders made (concurrent imprisonment terms, caning as per statutes, compensation, rehabilitative counselling and police supervision).

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)

    The court convicted the accused because the sworn testimony of the child complainant was credible, consistent and corroborated by medical findings and supporting witness evidence; defence alibi and interested witnesses lacked reliability and failed to create reasonable doubt; sentencing was exercised within discretion resulting in specified custodial terms running concurrently with ancillary orders for rehabilitation, police supervision and compensation.

  • 12 Nov 2025

    XXXX 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN 3. ) DR ZANA ZALINDA BINTI S MOHD GHAZALI

    Citation
    W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)
    Court
    NCvC
    Case number
    W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)

    The Court held that the person in charge of a private obstetric facility owes a direct duty of care to patients to ensure timely access to necessary specialists (including neonatal paediatricians/anaesthetists); the first and second respondents breached that duty by failing to have neonatal paediatric care available and by unacceptably delaying transfer to a NICU, and that breach materially contributed to the plaintiff's hypoxic injury and consequent cerebral palsy; the delivering doctor (third respondent) was not negligent; appeal allowed against first and second respondents and dismissed ag…

  • 23 Oct 2025

    MUHAMAD ZAIDI BIN CHE ROS 1. ) KOM TEGUH ENTERPRISE 2. ) AHMAD SAFWAN BIN SABARI

    Citation
    KF-A72NCvC-50-12/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    KF-A72NCvC-50-12/2022 (Mahkamah Majistret)

    Court found a duty of care existed between neighbouring landowners and that Defendant breached it by creating an incomplete, insufficiently maintained drain which caused uncontrolled flow and consequent damage to Plaintiff's property; Plaintiff proved the elements of negligence and was awarded RM20,000 general damages; exemplary and special damages refused.

  • 9 Oct 2025

    [Timbalan (TPR), Jabatan Peguam Negara] KHAIRUL ANUAR BIN ABDULLAH

    Citation
    CB-83D-970-07/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CB-83D-970-07/2025 (Mahkamah Majistret)

    Accused pleaded guilty to possession of heroin (0.04g); court applied s173(b) CPC and established sentencing principles, took judicial notice of and verified prior convictions, balanced mitigating factors against aggravation and public interest, and exercised discretion to impose a fine as statutory ordering prescribes; imposed RM10,000 fine with 19 months imprisonment in default and directed evidence to be returned to prosecution for disposal after appeal period.