malaysia - Criminal Law - Judgments & Rulings

Menase Ladang v Public Prosecutor

Criminal law – Murder – Conviction – Sentence – Section 302, Penal Code

Criminal law – Whether the trial judge failed to appreciate the evidence submitted that there was no motive or intention to kill – Whether the trial judge erred when she convicted the appellant of murder when the weapon that was ad ...

Date: 08 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 273; Source: Federal Court Registry

Rahaimi Bin Dollah v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction of one of the accused – Sentence – Appeal

Criminal law – Whether the trial judge erred in relation to the presumptions under the Dangerous Drugs Act 1952 – Whether the trial judge erred in relation to the application of section 2 of the Dangero ...

Date: 08 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 270; Source: Federal Court Registry

Low Teck Sang v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Sentence – Appeal – Whether conviction safe – Dangerous Drugs Act 1952

Date: 03 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 256; Source: Federal Court Registry

Morteza Feizi Satar v Public Prosecutor and Another Appeal

Criminal law – Trafficking in dangerous drugs – Appeal by prosecution – Whether the defence had cast a reasonable doubt on the prosecution’s case – Whether the accused innocent carriers – Whether the accused guilty of wilful blindness

Date: 02 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 255; Source: Federal Court Registry

Pendakwa Raya v Davood Nikzadeh Karim and Another

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

Criminal law – Whether the trial judge failed to decide that the weight difference of the impugned drugs in the charge and the evidence of the chemist was just an omission that does not amount to an injustic ...

Date: 02 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 242; Source: Federal Court Registry

Ho My Lan v Pendakwa Raya

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

Date: 01 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 237; Source: Federal Court Registry

Ibrahim Musa Bin Rifa’i v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Sentence – Appeal

Date: 01 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 236; Source: Federal Court Registry

Muhammad Faizal Bin Salim v Public Prosecutor

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

Criminal law – Intention to cause death or to cause injuries which lead to death – Whether the appellant had the intention of causing death or injuries

Date: 10 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 264; Source: Federal Court Registry

Vania Osman v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Appellant found guilty – Appellant a child under the Child Act 2001 – Appellant ordered to be detained in a prison during the pleasure of the Penang Governor – Appeal

Criminal procedure – Whether the trial judge erred in ruling that the prosecution had pr ...

Date: 06 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 254; Source: Federal Court Registry

Le Ngoc Thu v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Sentence – Appeal – Whether conviction safe

Criminal procedure – Whether the trial court failed to adequately consider the appellant's defence of an innocent carrier without knowledge and in holding that the appellant was guilty of wilful bli ...

Date: 31 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 234; Source: Federal Court Registry

Basri Takadir v Public Prosecutor

Criminal law – Murder – Conviction – Sentence – Appeal – Whether appellate intervention warranted

Litigation & court procedure – Admissibility of witness statements – Whether the witness statements properly identified and signed – Whether the contents of the witness statements understoo ...

Date: 31 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 231; Source: Federal Court Registry

Public Prosecutor v Muhammad Taufik Hidayat

Criminal law – Trafficking in dangerous drugs – Acquittal and discharge – Appeal by prosecution

Criminal law – Defence of innocent carrier – Whether the respondent has successfully proven the defence of an innocent carrier

Date: 26 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 226; Source: Federal Court Registry

Murad Halimuddin Bin Hassan and Another v Pendakwa Raya and Another Appeal

Criminal law – Inciting or promoting occurrence of acts of terrorism in Malaysia – Charges under sections 130G (a), 130J (1) (b) and 120B (1) of the Penal Code – Guilty plea – Conviction – Sentence – Appeal against the sentence – Whether the sentence manifestly excessive – Public interest element & ...

Date: 23 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 225; Source: Federal Court Registry

Ekene Collins Isaac v Public Prosecutor

Criminal law – Trafficking in dangerous drugs – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether the trial court was wrong to find that the appellant had knowledge of the drugs – Whether the defence had succeeded to raise a reasonable doubt against the finding of actual possession ...

Date: 24 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 223; Source: Federal Court Registry

Jorge Crespo Gomez v Public Prosecutor

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

Criminal law – Whether the trial court had erred in the handling of the presumptions under the Dangerous Drugs Act 1952 – Whether the trial judge had misdirected itself whe ...

Date: 24 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 222; Source: Federal Court Registry

Tee Yee Sein v Public Prosecutor

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

Criminal law – Whether the circumstantial evidence relied by the prosecution inconclusive – Whether the trial judge had failed to appreciate the difference between mixed DNA profile and full DNA profile &nd ...

Date: 25 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 195; Source: Federal Court Registry

Quah Tee Keon v Pendakwa Raya

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

Criminal procedure – Credibility of witness – Contradictory evidence – Burden of proof

Date: 23 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 182; Source: Federal Court Registry

Pubalan A/L Peremal v Pendakwa Raya

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

Criminal procedure – Circumstantial evidence – Interested witness

Criminal procedure – Element of intent – Whether there was an intent to kill – Determination of intent to kill

Date: 06 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 184; Source: Federal Court Registry

Sohail Khan v Pendakwa Raya

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

Date: 20 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 191; Source: Federal Court Registry

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

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