Malaysia Case Law: Decisions & Judgments

Topic

Medical evidence

Legal area

Court

20 May 2026

1. ) NURUL MUNIRAH BINTI ABDULLAH 2. ) MOHAMAD FAIZA BIN DAUD SHAHBADRUL AZMI BIN ZULKEFLI

Citation

DA-12B-39-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-39-12/2025 (Mahkamah Tinggi)

The High Court affirmed the majority of the Sessions Court's quantum awards because they were supported by medical evidence and fell within the permissible range of judicial discretion, but set aside the RM136,800 nursing care award for lack of evidence showing necessity for lifelong professional nursing and reduced the loss of earning capacity award from RM200,000 to RM80,000 because the respondent retained substantial residual functional and working capacity (GOS IV) and the original assessment treated his claim as total incapacity.
4 May 2026

MOHAMAD IMRAN BIN MOHAMED

Citation

JA-42JSKS-5-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-42JSKS-5-12/2024 (Mahkamah Tinggi)

The High Court held the victim's testimony was unusually convincing and was corroborated by admissible medical records; there was no suppression of material evidence and no misdirection by the trial court, therefore the conviction and 12-year imprisonment are safe; however the whipping term was reduced from 12 to 8 strokes as excessive.
16 Nov 2025

A.AIDIP BIN A.ZAIDI 1. ) ZARIF ZAHIRUDDIN BIN ZALI 2. ) ZAITON BINTI ISMAIL

Citation

TA-12B-14-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

TA-12B-14-11/2024 (Mahkamah Tinggi)

High Court reduced and reallocated awards based on comparative authorities and cogent medical evidence: fractured distal right clavicle reduced to RM40,000 (from RM70,000) because original award was excessive relative to comparable cases despite complications; abrasions reduced to RM5,000; scarring enhanced to RM25,000; shoulder brace (RM135,000) and nutritive/laser treatment (RM15,003) disallowed as not medically necessary or speculative; Pregabalin award limited to one year at RM2,920 rather than lifelong; spinal injury claim dismissed for lack of contemporaneous evidence and causation.
13 Nov 2025

KOKULAN A/L SUBRAMANIAM

Citation

NA-62-81-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62-81-12/2021 (Mahkamah Sesyen)

The court accepted independent medical evidence that the complainant sustained injuries amounting to grievous hurt and found, on the totality of witness testimony and logical inference, that the accused intentionally caused those injuries with a parang; absence of the weapon did not negate the proven elements, thus conviction under Section 326 Penal Code followed.
4 Sept 2025

MOHAMAD SYAFIQ FARHAN BIN MUHAMAD MOHD FAISAL BIN ABDUL RAHIM

Citation

DA-A53KJ-830-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-830-08/2024 (Mahkamah Sesyen)

Defendant's account was inherently more probable and corroborated by the police investigator and scene evidence; plaintiff's evidence was inconsistent and rejected. Accordingly plaintiff was held 100% liable for the collision; specific heads of damages were allowed or disallowed as found by the court.
7 Jul 2025

Mohd Mazri Bin Mat Omar 1. ) MOHAMED FAHRULNIZAM BIN MAZURA @ HASSAN 2. ) Meriam Binti Daud ( Sebagai Wakil Diri Kepada Si Mati Abu Bakar Bin Che Ngah ) 3. ) CHE MOHD YAACOB BIN CHE SENIK

Citation

DA-A53KJ-531-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-531-06/2023 (Mahkamah Sesyen)

The court accepted the plaintiff's version as inherently more probable due to consistency with his police report and inconsistencies in the defendant's account; the defendant is 100% liable and there is no contributory negligence. The plaintiff's orthopaedic evidence of a permanent 2 cm limb discrepancy was accepted, entitling him to shoe raise special damages based on the plaintiff's quotation. General damages were awarded in amounts consistent with cited authorities and the Compendium.
30 Jun 2025

[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN MD ALI

Citation

CB-62JSK-15-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CB-62JSK-15-09/2022 (Mahkamah Sesyen)

The court convicted because the victim’s sworn testimony was competent, coherent, consistent with her CIC recording and contemporaneous report to her mother, and was supported by independent medical examination showing old hymenal tears consistent with penile penetration; the accused’s denials were inconsistent, his own Section 112 statement admitted repeated sexual touching of the child, and defence explanations failed to raise a reasonable doubt; accordingly prosecution proved all elements beyond reasonable doubt for both charges.
7 May 2025

Firdaus Azzamuddin Bin Arifin [TIMBALAN ]

Citation

B-09-96-04/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-09-96-04/2024 (Mahkamah Rayuan)

The Court of Appeal held the indictment's time particulars were not materially defective and did not prejudice the appellant; lack of new vaginal tears did not negate penetration or the complainant's evidence; the trial judge was entitled to find the complainant credible and the inconsistencies were immaterial; accordingly the conviction under the rape provisions and the sentence (12 years' imprisonment and five strokes) were affirmed and the appeal was dismissed; bail paid for suspension of sentence to be returned to the surety.
2 May 2025

[Jabatan Peguam Negara] Mohammad Imran Bin Basri

Citation

BI-62JS-6-01/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BI-62JS-6-01/2021 (Mahkamah Sesyen)

The court found the prosecution failed to prove the essential element of penetration — medical examination P10 was inconclusive ('unsure') and the prosecution did not produce competent medical evidence on the complainant's mental fitness to testify; accordingly there was no prima facie case and the accused was discharged and acquitted under section 180(2) Criminal Procedure Code.
14 Apr 2025

DHARMALINGAM A/L SANGAMANY 1. ) SIVAKUMAR A/L RAJAGOPAL 2. ) TOKIO MARINE INSURANS (MALAYSIA) BERHAD

Citation

BA-12B-43-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-43-04/2024 (Mahkamah Tinggi)

On independent re-hearing the High Court affirmed the Sessions Court: the appellant failed to prove the amputations and other contested injuries were caused by the accident; contemporaneous medical and police evidence and witness credibility did not support the appellant’s account; claims for loss of consciousness, scarring and soft tissue injuries were disallowed for lack of medical basis; the prosthetic award was assessed in line with SD1/SD2 recommendations; loss of earnings was assessed at RM800 per month under s.28A Civil Law Act 1956; the appellant’s appeals on liability and the counter…