Malaysia Case Law: Decisions & Judgments

Topic

Obstruction of public servant (s.186 penal code)

Legal area

Court

23 Feb 2026

MOHD FAIZUL BIN RAZAK

Citation

DJ-83-126-02/2026 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83-126-02/2026 (Mahkamah Majistret)

Accused's voluntary, informed guilty plea and admitted facts satisfied elements of offences; however the aggregate conduct was serious (night-time housebreaking, imitation firearm threat, physical assault, attempted abduction and obstruction of police) so after weighing mitigation and public interest the court imposed concurrent custodial sentences and fines as recorded, which are lawful, proportionate and justified; conviction is upheld and appeal against conviction is barred except on sentence legality/extent (s.305 CPC).
28 Feb 2025

RAJENDRAN A/L KRISHNAN [Polis Diraja Malaysia (PDRM)]

Citation

BA-41S(A)-2-05/2024 (Mahkamah Tinggi)
Court

A
Case number

BA-41S(A)-2-05/2024 (Mahkamah Tinggi)

The High Court held the s.186 charge was fatally defective because it failed to allege the essential element that the public servant was discharging his public functions; that defect materially prejudiced the accused and required quashing of the conviction under s.186; the joinder of the relevant offences did not breach s.163 KTJ since they formed one transaction under s.165 KTJ; the conviction and sentence under s.14 Minor Offences Act 1955 was left intact.
6 Feb 2025

MUHAMMAD AZLISYAM BIN AZMI

Citation

JK-83-9-02/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JK-83-9-02/2025 (Mahkamah Majistret)

The defendant entered an unqualified guilty plea after charge and facts were read and explained and admitted the facts which disclose all elements of s.186; therefore appeal against conviction is barred under s.305 CPC. On sentencing, consideration of statutory maximum, public interest, the viral and dangerous nature of the defendant's conduct, his deliberate flight, failure to cooperate and extensive antecedents warranted a deterrent sentence balanced by mitigation for early plea and personal circumstances; appropriate sentence imposed was 6 months' imprisonment from date of arrest (31/01/20…

Malaysia Case Law

MOHD FAIZUL BIN RAZAK

RAJENDRAN A/L KRISHNAN [Polis Diraja Malaysia (PDRM)]

MUHAMMAD AZLISYAM BIN AZMI