CHUA LI PIN v Pendakwa Raya [TIMBALAN PENDAKWA RAYA]

jb-42s-4-08-2023 High Court (Mahkamah Tinggi) 2 July 2025 • JB-42S-4-08/2023 • 33 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Criminal Appeal - Against conviction - Decision from the Sessions Court – Principles of appellate intervention - Charge under s. 304 (a) PC – Whether the prosecution has established a prima facie case – Whether the sole eyewitness is credible – Whether there exists doubt regarding how the victim suffered the injury – Shoddy investigations – Failure to prepare a search list for the weapons – Failure to investigate if the victim was involved in a road accident instead – Non-existence of the accused or the victim’s DNAA on the weapons weakens the prosecution’s case – Failure to investigate two other persons who also hit the victim – Failure to establish ownership of the two motorcars – Prosecution’s case is not weaken in light of the direct evidence from sole eyewitness on the incident - Whether Court failed to consider the defence – Prosecution’s appeal - Against decision of the Court in finding the accused guilty of a lesser charge under s 304 (b) PC – Whether Court erred in finding the accused guilty of a lesser charge under s 304 (b) PC upon calling the accused to enter defence on the original charge under s 304 (a) - Appeal by the accused and prosecution against sentence - Whether sentence is manifestly excessive or manifestly inadequate.

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Counsel (5)

Naufal, Fahmi & Associates Firm Sukhdev & Associates Firm Helmi Bin Hassan Counsel Appellant Nur Sulehan binti Abd Rahman Counsel Prosecution Sukhdev Singh A/L Bishen Singh Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Chua Li Pin Appellant

Case Significance

CHUA LI PIN v Pendakwa Raya [TIMBALAN PENDAKWA RAYA] is a High Court (Mahkamah Tinggi) decision dated July 2, 2025 (citation: jb-42s-4-08-2023). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.

What was the outcome of CHUA LI PIN v Pendakwa Raya [TIMBALAN PENDAKWA RAYA]?

CHUA LI PIN v Pendakwa Raya [TIMBALAN PENDAKWA RAYA] is a High Court decision dated July 2, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.

Statutes Cited

Criminal Procedure Code (Cap 593)

Penal Code (Cap 574)

Cases Cited (5)

MY (5)

[1980] 1 MLJ 160 [1985] 1 MLJ 234 [2005] 1 CLJ 389 [2023] 1 CLJ 739 [2025] 1 CLJ 517

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (jb-42s-4-08-2023)