Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Recovery of stolen property

Legal area

Court

16 Jan 2023

1. ) NYANASAMBANTHAM A/L MARIAPPAN 2. ) NAVEEN A/L SUBRAMANIAM [ ]

Citation

BA-42S-2-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42S-2-01/2019 (Mahkamah Tinggi)

The High Court held the Sessions Court correctly found that the prosecution had established a prima facie case and that material inconsistencies did not vitiate the evidence; victims' identification was reliable given proximity and subsequent identifications, and recovery of property was corroborative; thus the defence failed to raise reasonable doubt and the convictions and sentences were upheld.
16 Jan 2023

[ ] 1. ) NYANASAMBANTHAM A/L MARIAPPAN 2. ) NAVEEN A/L SUBRAMANIAM

Citation

BA-42H-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42H-1-01/2019 (Mahkamah Tinggi)

The High Court held the trial judge correctly found a prima facie case and properly assessed the evidence: discrepancies identified were immaterial or satisfactorily explained, identification by the victims was reliable given proximity and subsequent identifications, recovery of property was corroborative though not essential, and the elements of robbery under sections 395/397 were proven; therefore the convictions and sentences were safe and must be affirmed.