Malaysia Case Law: Decisions & Judgments

Topic

Stay of criminal proceedings

Legal area

Court

28 Jan 2026

AISHA SAJID

Citation

WA-44-186-11/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-186-11/2025 (Mahkamah Tinggi)

Court accepted applicant's evidence that she is a registered asylum-seeker ('person of concern') with UNHCR, took judicial notice that visa endorsements in an old passport remain relevant despite issuance of a new passport, found the applicant was not a pendatang tanpa izin and therefore the prosecution under s6(1)(c) Immigration Act was not sustainable in the circumstances, and granted declaratory and interim relief including a stay of the magistrates' proceedings pending final determination of refugee status by UNHCR unless the prosecution withdraws charges or confirms no deportation will b…
15 Jan 2026

Yap Chin Hwa

Citation

WA-41(Ors)-5-05/2025 (Mahkamah Tinggi)
Court

Ors
Case number

WA-41(Ors)-5-05/2025 (Mahkamah Tinggi)

Magistrate did not act ultra vires; the alleged constitutional issues were technical and premature while trial was at defence stage and should be determined at first instance by the magistrate with expert evidence or on appeal; no special or exceptional circumstances justified further stay or transmission; application and appeal were without merit and dismissed, with trial to continue promptly at Magistrate's Court.
6 Dec 2019

HOW CHEE HONG PUBLIC PROSECUTOR

Citation

WA-42[ORS]-10-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42[ORS]-10-05/2019 (Mahkamah Tinggi)

Money laundering under section 4(1)(a) AMLATFA is a separate and distinct offence from the predicate offence of criminal breach of trust under section 409 Penal Code; statutory provision permits conviction for money laundering regardless of conviction for the predicate offence, therefore an earlier acquittal of the predicate offence does not constitute autrefois acquit or double jeopardy to bar prosecution under AMLATFA; stay was unjustified and was set aside to allow trial to proceed.

Malaysia Case Law

AISHA SAJID

Yap Chin Hwa

HOW CHEE HONG PUBLIC PROSECUTOR