Malaysia Case Law: Decisions & Judgments

Topic

Misdirection by trial judge

Legal area

Court

3 Nov 2025

[ ] Faizoull Bin Ahmad

Citation

W-09-359-10/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

W-09-359-10/2022 (Mahkamah Rayuan)

Prosecution failed to establish abetment under section 109 read with section 409 beyond reasonable doubt because the trial judge materially misdirected by conflating abetment with the principal offence and failing to identify the mode of abetment, the prosecution omitted crucial primary evidence (deleted audio recordings) and relied on altered minutes, charges contained material defects, and the defence raised credible evidence of good faith; therefore the conviction was unsafe and was set aside.
27 Mar 2024

SHAMSUL BAHRI BIN MUSA [TIMBALAN ]

Citation

WA-42S-7-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-7-09/2022 (Mahkamah Tinggi)

SCJ2 failed to perform the mandatory maximum evaluation of the entire evidence by not juxtaposing the defence case with the prosecution's case; the charges were defective for CBT because they omitted the mode of commission, entrustment particulars and mens rea; prosecution thus failed to prove entrustment and dishonest intention beyond reasonable doubt and the conviction was unsafe and must be set aside, resulting in acquittal and discharge.
2 Feb 2024

BADARUDDIN BIN MOHAMED

Citation

PA-42(R)(A)-2-09/2022 (Mahkamah Tinggi)
Court

R
Case number

PA-42(R)(A)-2-09/2022 (Mahkamah Tinggi)

The trial judge misdirected himself at the end of the defence by assessing the defence on the balance of probabilities as if s.23(2) SPRM Act 2009 had been activated when it had not; that misdirection prejudiced the accused and caused a miscarriage of justice. Consequently the convictions and sentences were unsafe and were set aside; the accused was acquitted and discharged and bail returned.
2 Feb 2024

BADARUDDIN BIN MOHAMED

Citation

PA-42(R)(A)-1-09/2022 (Mahkamah Tinggi)
Court

R
Case number

PA-42(R)(A)-1-09/2022 (Mahkamah Tinggi)

The trial judge misdirected by evaluating the defence on the balance of probabilities as if the statutory presumption under s.23(2) MACC Act 2009 had been activated when it was not; that misdirection prejudiced the accused and caused a miscarriage of justice such that the convictions were unsafe and were quashed and the accused acquitted.
23 Jun 2023

SALMI BINTI A. RAHMAN

Citation

BL-42H(A)-1-01/2022 (Mahkamah Tinggi)
Court

A
Case number

BL-42H(A)-1-01/2022 (Mahkamah Tinggi)

High Court found the trial judge failed to perform the judicial duty of evaluating all evidence including the defence as required by s182A CPC, a misdirection by non‑direction rendering the convictions unsafe; accordingly the convictions and sentences on all three charges were quashed.
23 Oct 2020

ADAM BIN HASSAN

Citation

PA-42S-27-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42S-27-10/2019 (Mahkamah Tinggi)

Trial judge misdirected by rejecting a properly notified alibi at close of prosecution; prosecution failed to investigate or rebut the alibi (including failure to secure CCTV and to call the original investigating officer) and there was no positive identification by the child; cumulative defects made the conviction unsafe and appellate court quashed the conviction and acquitted the appellant.

Malaysia Case Law

[ ] Faizoull Bin Ahmad

SHAMSUL BAHRI BIN MUSA [TIMBALAN ]

BADARUDDIN BIN MOHAMED

BADARUDDIN BIN MOHAMED

SALMI BINTI A. RAHMAN

ADAM BIN HASSAN