Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Possession of protected species

  • 5 Feb 2026

    NG SING HUAT

    Citation
    WA-62ES-1-03/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62ES-1-03/2024 (Mahkamah Sesyen)

    The court found prosecution proved all elements of s.68(1)(b) Akta 716 by maximum evaluation: (a) the tiger skin (Panthera tigris) was found in the accused's unit and properly identified by certified expert; (b) accused was a resident/occupant with control/access as evidenced by keys, utility documents and witness testimony, triggering the statutory presumption of possession under s.58; (c) no special permit existed; (d) defence evidence was bare denial and failed to rebut the presumption on the balance of probabilities or call material witnesses, permitting adverse inference under s.114(g) E…

  • 10 Aug 2023

    BURHANUDDIN KAMIL BIN ADENAN

    Citation
    CB-42ES-1-01/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-42ES-1-01/2023 (Mahkamah Tinggi)

    Appellate court found the Sessions Judge overemphasised aggravating factors and failed to properly consider mitigation (guilty plea, first offender) and misapplied principles governing concurrent vs consecutive sentences; original sentences were excessive and substituted with concurrent sentences of 1 year imprisonment from 22.12.2022 for each count and fines of RM150,000 (Count 1) and RM100,000 (Counts 2 and 3) with default imprisonment of 6 months for each fine, to run concurrently.

  • 5 Aug 2019

    ABDUL RAZAK BIN ABDUL SHUKOR

    Citation
    BA-42ES-1-01/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42ES-1-01/2019 (Mahkamah Tinggi)

    The High Court held the trial judge's credibility and factual findings were supported by reliable evidence (CCTV, conduct at customs, choice of scanner, inconsistencies) and there was no misdirection of law; therefore the conviction was safe and the sentences were appropriate and are to be upheld (fines to be executed from date of appeal disposal; imprisonment terms to run concurrently and only consecutively after any imprisonment for default of fines).