malaysia - Criminal Law - Judgments & Rulings

Public Prosecutor v Wan Mohamad Nur Firdaus Bin Abd Wahab and Another Appeal

Criminal law – Sentencing – Appeal – Reduction in the sentence – Sentencing principles

Date: 18 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 303; Source: Federal Court Registry

Public Prosecutor v Ghanachandran Katharavel

Criminal law – Sentence – Adequacy of the sentence

Date: 18 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 304; Source: Federal Court Registry

Saburdeen Mohamed Abdul Kathar v Public Prosecutor

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

Date: 19 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 305; Source: Federal Court Registry

Ogbonna Kingsley Chukwu v Pendakwa Raya

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal Criminal law – Whether the High Court failed to adequately consider the defence – Whether there was a break in the chain of evidence

Date: 29 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 312; Source: Federal Court Registry

Mohsen Parsei Nabi v Public Prosecutor

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

Criminal law – Defence of innocent carrier – Whether the trial judge erred in not adequately consider the appellant's defence

Date: 20 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 301; Source: Federal Court Registry

Felix King v Public Prosecutor

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

Criminal law – Whether the trial judge erred in properly considering the cautioned statement of the appellant – Whether the trial judge had misdirected herself when she applied the presumption under section 3 ...

Date: 18 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 299; Source: Federal Court Registry

Jaafar Bin Ngamil v Pendakwa Raya

Criminal law – Murder – Conviction – Death sentence – Appeal – Whether there was an absence of intention to kill

Date: 12 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 294; Source: Federal Court Registry

Pendakwa Raya v Herman Bin Basri

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

Criminal procedure – Whether the trial judge failed to consider the whole of the prosecution's evidence – Whether the trial judge erred in finding that the respondent has succeeded in raising reasonable doubts over the pros ...

Date: 04 September 2018; Court: Court of Appeal; Citation: [2018] MYCA 288; Source: Federal Court Registry

Laurentiu Marian Peity v Pendakwa Raya

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

Date: 21 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 281; Source: Federal Court Registry

Public Prosecutor v Kuala Dimensi Sdn Bhd and 8 Others

Criminal law – Money laundering – Action brought pursuant to section 56 of the Anti-Money Laundering, Anti-Terrorism Financing Act 2001 – Standard of proof

Date: 04 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 209; Source: Federal Court Registry

Arjie Serenio v Public Prosecutor

Criminal law – Murder – Conviction – Appeal

Criminal procedure – Whether the charge was proven beyond reasonable doubt

Date: 12 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 265; Source: Federal Court Registry

Amir Hassan Bin Ali Usin v Public Prosecutor

Criminal law – Offence of intending to deceive principal by agent – Conviction – Enhancement of sentence on appeal to High Court – Appeal – Sections 18 and 24, Malaysian Anti-Corruption Commission Act 2009

Sentencing – Factors to be taken into consideration by a trial judge in assessing appropriate and ...

Date: 09 August 2018; Court: Court of Appeal; Citation: [2018] MYCA 274; Source: Federal Court Registry

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

Jusninawati Binti Abdul Ghani v Pendakwa Raya

Criminal law – Intentional omission to give information relating to terrorist acts – Offence punishable under section 130M of the Penal Code – Conviction – Sentence – Appeal

Criminal law – Whether the appellant had reason to believe that an act of terrorism would be committed – Whether the appell ...

Date: 31 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 235; Source: Federal Court Registry

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