Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Provocation defence

Legal area

Court

20 Dec 2024

ZAUYAH BINTI AHMAD Rozinah Binti Ahmad (Berniaga Di Bawah Nama Dan Gaya 'Warung Dayang Salai Dilinggi' No. Pendaftaran: 200603073238 (Ns0014360-u)

Citation

NA-12BNCvC-15-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12BNCvC-15-06/2024 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the impugned social media broadcasts and WhatsApp messages were defamatory, referred to the plaintiff and were published to third parties; the defendant failed to prove justification or provocation and produced no evidentiary basis for her allegations; accordingly the plaintiff was entitled to general damages of RM50,000 and costs, and the appeal was dismissed.
19 Oct 2022

Ringgie Anak Ampas [ ]

Citation

Q-05(M)-154-03/2019 (Mahkamah Rayuan)
Court

M
Case number

Q-05(M)-154-03/2019 (Mahkamah Rayuan)

The Court found the prosecution proved all elements of murder under s.300(c) because the appellant intentionally inflicted injuries by firing a shotgun that were sufficient in the ordinary course of nature to cause death; the appellant failed to prove on the balance of probabilities that he was deprived of self‑control by grave and sudden provocation, and in any event the use of a shotgun was a disproportionate response; therefore the conviction for murder and the death sentence were upheld.