malaysia - Criminal Law - Judgments & Rulings

Chan Wei Loon and Another v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Scope of “manufacturing” drugs – Whether manufacturing of drugs constitute trafficking within section 2 of the Dangerous Drugs Act 1952 – Whether possession of drugs an essential ingred ...

Date: 01 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 181; Source: Federal Court Registry

Kang Tian Nam v Pendakwa Raya and Another Appeal

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Whether the appellants had exclusive possession of the car in which the impugned drugs were discovered – Whether the trial court failed to appreciate the defence of the appellants – Whether the evi ...

Date: 07 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 189; Source: Federal Court Registry

Thankgod Chukwujindu Enenmuo v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the trial court had erred in law and in fact in failing to give due consideration to the defence of Innocent Carrier mounted by the appellant – Whether the tri ...

Date: 12 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 190; Source: Federal Court Registry

Public Prosecutor v Sah Chin Chong

Criminal law – Charges under sections 302 and 324 of the Penal Code – Reduction of charges to section 304(a) and 334 of the Penal Code – Appeal against sentence under reduced charges

Criminal law – Defence of sudden and grave provocation – Elements constituting such defence – Burden of proof – Bu ...

Date: 01 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 178; Source: Federal Court Registry

Yosep Yangubani v Public Prosecutor

Criminal law – Murder – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Exception of private defence – Defence of sudden fight in the heat of passion upon a sudden quarrel – Defence of grave and sudden provocation – Burden of proof of applicability of ...

Date: 31 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 179; Source: Federal Court Registry

Baharudin @ Kadir Bin Abu Nawas v Public Prosecutor

Criminal law – Murder – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court failed to sufficiently consider the appellant’s defence in particular the defence as stated in his cautioned statement – Whether such failure deprived the appellant of his right under section 182A( ...

Date: 08 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 186; Source: Federal Court Registry

Kumanaan A/L Anthony Vincent v Pendakwa Raya and Another Appeal

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Identity of the first appellant – Whether there was prima facie evidence – Whether the prosecution has proved the element of common intention on the part of the ...

Date: 30 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 177; Source: Federal Court Registry

Aizuddin Syah Bin Ahmad v Public Prosecutor

Criminal law – Dangerous Drugs Act 1952 – Requirement under section 31A(1A) of the Dangerous Drugs Act 1952 that request, collection and examination of the urine must be done by a police officer not below the rank of a sergeant – Breach of section 31A

Criminal procedure – Evidence – Admissibility of illegall ...

Date: 01 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 176; Source: Federal Court Registry

Pendakwa Raya v Hasnee Bin Shahadan and 2 Others

Criminal law – Trafficking in dangerous drugs – Acquittal – Appeal by the prosecution

Criminal law – Whether the trial court erred in law and facts when it failed to take into account the evidence in respect of the role of the third respondent – Whether the trial court erred in accepting the defence version ...

Date: 22 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 167; Source: Federal Court Registry

Cheong Teik Keon v Public Prosecutor

Criminal law – Murder – Conviction – Death sentence – Appeal

Criminal law – Plea of insanity – Defence of insanity – Whether the appellant mentally incapable of knowing what he did was wrong or contrary to law as required by section 84 of the Penal Code

Date: 16 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 171; Source: Federal Court Registry

Public Prosecutor v Siti Nurhidayah

Criminal law – Charge of trafficking in dangerous drugs – Acquittal – Appeal by prosecution

Criminal law – Whether the trial court erred in finding the respondent an innocent carrier – Whether the trial court erred in not considering that the respondent’s conduct was inconsistent with innocence at the ...

Date: 11 April 2018; Court: Court of Appeal; Citation: [2018] MYCA 172; Source: Federal Court Registry

Liew Kee Sin v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the appellant had custody and control of the drugs – Whether the appellant had knowledge of the impugned drugs – Whether the presumption of knowledge und ...

Date: 04 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 170; Source: Federal Court Registry

Benjamin Chinedu v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the drug exhibits positively identified – Whether the appellant had exclusive possession of the bag in question – Whether the appellant had knowledg ...

Date: 24 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 169; Source: Federal Court Registry

Mohd Zaireen Bin Zainal v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court erred in finding the appellant guilty of drug trafficking where there was no evidence of trafficking – Whether the trial court failed to properly evaluate the defendant’s de ...

Date: 22 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 160; Source: Federal Court Registry

Suporn Vachimapet v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court erred in making an inference that the appellant had knowledge of the drug – Whether the trial court failed to consider the information given by the appellant about the alleged dru ...

Date: 22 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 161; Source: Federal Court Registry

Keong Gim Chye v Public Prosecutor and Another Appeal

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the trial court erred in law and in fact when it found the appellants guilty of the offence of trafficking by way of manufacturing – Whether there was any nexu ...

Date: 15 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 158; Source: Federal Court Registry

Hamdan Bin Abu Bakar v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Death sentence – Appeal

Criminal law – Whether the trial court failed to properly appreciate the defence – Whether the failure of prosecution to call the forensic officers triggers adverse inference against the prosecution under section 114(g) of the Evidence A ...

Date: 03 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 157; Source: Federal Court Registry

Chiam Nguang Huat v Pendakwa Raya

Criminal law – Murder – Conviction – Death sentence – Appeal

Criminal law – Whether the trial court failed to comply with section 133A of the Evidence Act 1950 when receiving the evidence of children – Whether the trial court failed to duly consider the appellant's defense – Whether the evidence ...

Date: 14 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 154; Source: Federal Court Registry

Ita v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Whether the conviction safe

Criminal law – Innocent Carrier – Whether the trial court erred in rejecting the appellant’s defense of Innocent Carrier – Radhi Direction – Whether the trial court failed to comp ...

Date: 16 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 153; Source: Federal Court Registry

Yuvaneswaran A/L Rajoo v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal – Whether the conviction safe

Criminal law – Whether the trial court committed an error in law when it invoked double presumptions under section 37(d) as well as under section 37(da) of the Dangerous Drugs Act 1952 in ...

Date: 07 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 152; Source: Federal Court Registry

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