Malaysia Case Law: Decisions & Judgments

Topic

Theft of motor vehicle

Legal area

Court

28 Jan 2026

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

Citation

DA-83RS-135-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-83RS-135-08/2023 (Mahkamah Majistret)

The court found prosecution proved all elements of theft beyond reasonable doubt: credible eyewitness identification corroborated by CCTV, recovery of matching engine and chassis linked to the reported stolen motorbike, and conduct showing joint intention; absence of the additional witness did not trigger s114(g) inference because prosecution evidence was complete; defendants convicted under s379A read with s34 and sentenced to 15 months' imprisonment each commencing 28/01/2026.
28 Jan 2026

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

Citation

DA-83RS-135-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-83RS-135-08/2023 (Mahkamah Majistret)

The court found prosecution proved all statutory elements of theft under Section 379A read with Section 34 beyond reasonable doubt by way of CCTV evidence, credible eyewitness identifications, and recovery of matching engine and chassis following information associated with the accused; defence was mere bare denial and did not raise reasonable doubt or justify reverse inference under Section 114(g); accordingly accused convicted and sentenced to imprisonment.
31 Mar 2023

AHMAD BIN SHABA

Citation

AB-83RS-15-03/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83RS-15-03/2023 (Mahkamah Majistret)

Given s379A(1) PC mandates imprisonment and the accused admitted and furnished an extensive record of prior convictions which were properly admitted, and balancing mitigation against aggravation and public interest in deterrence, the Magistrate imposed a sentence of 2 years 3 months imprisonment starting 30 March 2023; the guilty plea precluded challenge to conviction under s305 CPC so only sentence could be appealed.

Malaysia Case Law

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

1. ) AKHIL MURSYID BIN NOR HISHAM 2. ) MOHAMAD HADIE BIN ZULKIFELI

AHMAD BIN SHABA