Criminal Justice

34 cases · March 2024 to March 2026

Case Volume by Year

6
24
24
25
4
26
2024–2026

Key Issues & Sub-Topics

offences of drug trafficking and drug possession — assortment of drugs and poison — four accused persons — two were acquitted at the close of prosecution case — defence called for two other accused persons — both testified under oath — successful in rebutting presumption of trafficking — found guilty and convicted for an offence of drug possession — charge for an offence of drug trafficking reduced to one of possession — sentenced according to law. 3 offences of drug trafficking and possession — accused persons acquitted and discharged at conclusion of trial — consideration of all evidence adduced pursuant to section 182A (1) of the Criminal Procedure Code — pivotal issue of accessibility to raided premises not proven beyond reasonable doubt by the prosecution — only proof of residential link available at conclusion of trial. 2 offence of rape — appeal to the High Court — appellate intervention justified — no adequate consideration of the entire case by the trial judge — medical and forensic evidence not given adequate consideration — improbability of the alleged occurrence not duly considered — flawed identification parade — credibility of intoxicated victim — conviction entered is not safe — accused acquitted and discharged — appeal against sentence by prosecution dismissed. 2 Sentencing — offences under section 130 JB (1) (a) and (b) of the Penal Code — possession and providing items cum materials associated with terrorist group — although deterrence is an aim when sentencing the accused person; pivotal aim has to be rehabilitation of the accused person — role of the enforcement agency involved in detecting and preventing such crimes from mushrooming. 2 Appeal against conviction and sentence — offence of criminal breach of trust under section 408 of the Penal Code — sessions court judge erred in not considering the case in its entirety when finding the accused guilty and convicting him — preferred charges are flawed — no evidence of primary ingredient of entrustment of property; dishonest intention and mode by which the offence was committed — appellate intervention justified — accused acquitted and discharged. 2 appeal against conviction and sentence with leave of the Court of Appeal — absence of grounds of judgment by high court judge ordering defence to be called — application of section 316 and 319 of the CPC — absence of grounds of judgment not fatal — conviction and sentence meted out by magistrate's court affirmed. 1 offence of drug trafficking and possession — charge for an offence of drug trafficking reduced to one of possession — an individual who is alleged to have borrowed the car belonging to the accused inside which the impugned drugs were found not called as witness — accused cannot dissipate himself from mens rea possession of the impugned drugs — being owner of the vehicle in question — concurrent sentence of imprisonment imposed together with whipping. Convicted and sentenced accordingly. 1 drugs found inside the car under control of the accused — information led to discovery of drugs — drug trafficking and possession — two charges — charge for offence of trafficking reduced to possession — found guilty, convicted and sentenced — possession of drugs proved beyond reasonable doubt — existence of two other individuals stood not rebutted by the prosecution — at the highest accused is found in possession of the drugs — probability of a shared criminal enterprise leading to joint possession. 1 accused convicted and sentenced to a drug trafficking offence — doctrine of willful blindness applied — actus reus and mens rea proven beyond reasonable doubt — sentence of imprisonment and whipping proportional to the offence committed. 1 offence of drug trafficking — misdirection by the trial judge on the burden of proof bestowed on the accused — only to raise a reasonable doubt as section 2 of the DDA invoked — instead trial judge ruled accused has to discharge burden on a balance of probabilities — lack of judicial appreciation of SD2's testimony who had confirmed the bag belongs to him and given to the accused to hand over to another individual — mens rea possession not proven — accused entitled to the benefit of doubt — order of acquittal and discharge prevails. 1 offence of drug trafficking — acquittal at the end of case of prosecution — First accused (deceased) led to raiding team to premises — also tenant — Second and Third Accused merely present at the said premises — mens rea possession not proven — presumption of trafficking cannot be invoked. 1 offence of drug trafficking — defence of innocent carrier — accepted by court — credible explanation to rebut presumption of trafficking on a balance of probabilities — no iota of evidence to link accused persons with the dangerous drugs — mere transporters for the employer — employer and owner of car not called — adverse inference drawn against prosecution — accused persons acquitted and discharged. 1 appeal against inadequacy of sentence — order of binding over by magistrate — affirmed on appeal save for variation of the bond period — factors such as plea of guilty at once; delay in prosecution of the appeal taken into consideration — sentence meted out is fair, reasonable and proportional to the criminal conduct of the defendant. 1 offence of drug trafficking — two accused persons charged — in furtherance of their common intention — drugs found in a borrowed car — accused persons were in momentary possession of the car — owner of the car as well as the individual who lent the car not called as witnesses — adverse inference drawn — second accused unfairly charged as she was merely ferried by the first accused to HKL — clear disclosure at point of arrest — but claim not investigated into — benefit of the doubt to be given to the accused persons — both acquitted and discharged at close of the case of prosecution. 1 offence of drug trafficking — accused ordered to defend himself on a reduced charge for an offence of drug possession — accused testified — successful in raising a reasonable doubt on the case of prosecution — cumulative effect of contradictions, inconsistencies of the wavering testimonies of Prosecution Witnesses — who were accomplices of the crime — accused unfairly charged — in momentary possession of the impugned drugs without knowing content of the bag he was asked to hold. 1 offence of drug trafficking — acquittal at close of prosecution case — accused persons were mere guests at the condominium unit — absence of proof of tenancy — production of out of court statement by agent insufficient to prove the fact in issue on tenancy — defense advanced that the accused persons were merely guests prevails — non calling of witness who had access to the premises, also arrested — adverse inference drawn against prosecution. 1 offence of drug trafficking — proven beyond reasonable doubt — accused unable to rebut presumption of trafficking — application of the doctrine of willful blindness to prove knowledge on the part of accused of the impugned drugs — accused convicted and sentenced to imprisonment — principle of proportionality adhered to. 1 appeal against sentence allowed — reduction of sentence — principle of proportionality when sentencing accused not followed by sessions court judge. 1 Interim Protection order (IPO) involving a child issued by the magistrate was set aside ex parte without hearing father of the child and the Welfare Department — appeal allowed — IPO reinstated — new magistrate to rehear the application to set aside the IPO afresh — breach of audi alteram partum rule. 1 offence of drug trafficking — accused acquitted and discharged at the end of prosecution case — case of prosecution disclose more than one version — failure to investigate version of the accused disclosed in police reports made — raiding officer did not make full and frank disclosure to investigation officer of case — adverse inference drawn. 1 + 8 more

offences of drug trafficking and drug possession — assortment of drugs and poison — four accused persons — two were acquitted at the close of prosecution case — defence called for two other accused persons — both testified under oath — successful in rebutting presumption of trafficking — found guilty and convicted for an offence of drug possession — charge for an offence of drug trafficking reduced to one of possession — sentenced according to law. 3 cases

offence of rape — appeal to the High Court — appellate intervention justified — no adequate consideration of the entire case by the trial judge — medical and forensic evidence not given adequate consideration — improbability of the alleged occurrence not duly considered — flawed identification parade — credibility of intoxicated victim — conviction entered is not safe — accused acquitted and discharged — appeal against sentence by prosecution dismissed. 2 cases

Sentencing — offences under section 130 JB (1) (a) and (b) of the Penal Code — possession and providing items cum materials associated with terrorist group — although deterrence is an aim when sentencing the accused person; pivotal aim has to be rehabilitation of the accused person — role of the enforcement agency involved in detecting and preventing such crimes from mushrooming. 2 cases

Appeal against conviction and sentence — offence of criminal breach of trust under section 408 of the Penal Code — sessions court judge erred in not considering the case in its entirety when finding the accused guilty and convicting him — preferred charges are flawed — no evidence of primary ingredient of entrustment of property; dishonest intention and mode by which the offence was committed — appellate intervention justified — accused acquitted and discharged. 2 cases

appeal against conviction and sentence with leave of the Court of Appeal — absence of grounds of judgment by high court judge ordering defence to be called — application of section 316 and 319 of the CPC — absence of grounds of judgment not fatal — conviction and sentence meted out by magistrate's court affirmed. 1 case

offence of drug trafficking and possession — charge for an offence of drug trafficking reduced to one of possession — an individual who is alleged to have borrowed the car belonging to the accused inside which the impugned drugs were found not called as witness — accused cannot dissipate himself from mens rea possession of the impugned drugs — being owner of the vehicle in question — concurrent sentence of imprisonment imposed together with whipping. Convicted and sentenced accordingly. 1 case

drugs found inside the car under control of the accused — information led to discovery of drugs — drug trafficking and possession — two charges — charge for offence of trafficking reduced to possession — found guilty, convicted and sentenced — possession of drugs proved beyond reasonable doubt — existence of two other individuals stood not rebutted by the prosecution — at the highest accused is found in possession of the drugs — probability of a shared criminal enterprise leading to joint possession. 1 case

accused convicted and sentenced to a drug trafficking offence — doctrine of willful blindness applied — actus reus and mens rea proven beyond reasonable doubt — sentence of imprisonment and whipping proportional to the offence committed. 1 case

offence of drug trafficking — misdirection by the trial judge on the burden of proof bestowed on the accused — only to raise a reasonable doubt as section 2 of the DDA invoked — instead trial judge ruled accused has to discharge burden on a balance of probabilities — lack of judicial appreciation of SD2's testimony who had confirmed the bag belongs to him and given to the accused to hand over to another individual — mens rea possession not proven — accused entitled to the benefit of doubt — order of acquittal and discharge prevails. 1 case

offence of drug trafficking — acquittal at the end of case of prosecution — First accused (deceased) led to raiding team to premises — also tenant — Second and Third Accused merely present at the said premises — mens rea possession not proven — presumption of trafficking cannot be invoked. 1 case

appeal against inadequacy of sentence — order of binding over by magistrate — affirmed on appeal save for variation of the bond period — factors such as plea of guilty at once; delay in prosecution of the appeal taken into consideration — sentence meted out is fair, reasonable and proportional to the criminal conduct of the defendant. 1 case

offence of drug trafficking — two accused persons charged — in furtherance of their common intention — drugs found in a borrowed car — accused persons were in momentary possession of the car — owner of the car as well as the individual who lent the car not called as witnesses — adverse inference drawn — second accused unfairly charged as she was merely ferried by the first accused to HKL — clear disclosure at point of arrest — but claim not investigated into — benefit of the doubt to be given to the accused persons — both acquitted and discharged at close of the case of prosecution. 1 case

offence of drug trafficking — accused ordered to defend himself on a reduced charge for an offence of drug possession — accused testified — successful in raising a reasonable doubt on the case of prosecution — cumulative effect of contradictions, inconsistencies of the wavering testimonies of Prosecution Witnesses — who were accomplices of the crime — accused unfairly charged — in momentary possession of the impugned drugs without knowing content of the bag he was asked to hold. 1 case

offence of drug trafficking — acquittal at close of prosecution case — accused persons were mere guests at the condominium unit — absence of proof of tenancy — production of out of court statement by agent insufficient to prove the fact in issue on tenancy — defense advanced that the accused persons were merely guests prevails — non calling of witness who had access to the premises, also arrested — adverse inference drawn against prosecution. 1 case

offence of drug trafficking — proven beyond reasonable doubt — accused unable to rebut presumption of trafficking — application of the doctrine of willful blindness to prove knowledge on the part of accused of the impugned drugs — accused convicted and sentenced to imprisonment — principle of proportionality adhered to. 1 case

appeal against sentence allowed — reduction of sentence — principle of proportionality when sentencing accused not followed by sessions court judge. 1 case

Interim Protection order (IPO) involving a child issued by the magistrate was set aside ex parte without hearing father of the child and the Welfare Department — appeal allowed — IPO reinstated — new magistrate to rehear the application to set aside the IPO afresh — breach of audi alteram partum rule. 1 case

offence of drug trafficking — accused acquitted and discharged at the end of prosecution case — case of prosecution disclose more than one version — failure to investigate version of the accused disclosed in police reports made — raiding officer did not make full and frank disclosure to investigation officer of case — adverse inference drawn. 1 case

offence of drug trafficking by two accused persons with common intention — acquittal of second accused at conclusion of trial as no proof of common intention beyond reasonable doubt — first accused convicted on a lesser offence of drug possession — defence raised on the existence of another individual who was the actual trafficker — application of the Radhi principle — sentenced accordingly. 1 case

offence of murder — wife was killed — invocation of the doctrine of last person seen and been together — no plausible explanation rendered by accused — inference of guilt — presumption of guilt operates against him — chain of circumstances proved beyond reasonable doubt by prosecution — accused convicted and sentenced to thirty years imprisonment. 1 case

offence under section 31 (1) (a) of the Child Act 2001 (Act 611) — mother neglecting her child who had fallen from a height of 18th Floor of a Condominium — finding of guilty, conviction and sentence by the Sessions Court Judge (SCJ) is safe — all ingredients of offence proven by the prosecution beyond reasonable doubt — appellate intervention is unjustified — appeal by accused dismissed — accused to serve sentence of imprisonment as ordered. 1 case

offences of drug trafficking and drug possession — acquittal at the end of case of prosecution for offences of drug trafficking — accused ordered to defend himself for the charge of drug possession — defence of innocent carrier successfully raised — sufficient and good alcontara notice given to the raiding and investigating officer of the case but not investigated into — benefit of doubt favours the accused — offends the right to fair trial of the accused person. 1 case

drug trafficking offence — mens rea possession proven — presumption of trafficking invoked — accused unable to raise a reasonable doubt on mens rea possession — able to rebut the presumption of trafficking on a balance of probabilities — left accused found only to be in passive possession — no overt act on part of the accused — prematurely arrested before transfer of possession of dangerous drug — found guilty and convicted for offence of drug possession. 1 case

offences of drug trafficking — involving large quantity of cannabis found with the accused — mens rea possession proved beyond reasonable doubt — accused unable to tilt balance of probabilities in favor of him to rebut the presumption of trafficking invoked against him — found guilty, convicted — sentenced to a period of thirty years pursuant to section 39B (2) of the DDA 1952. 1 case

offences of drug trafficking — two accused persons — at conclusion of trial second accused acquitted — able to rebut presumption of trafficking on a balance of probabilities in his favor — as against first accused — able to rebut presumption of trafficking on a balance of probabilities — unable to raise a reasonable doubt on the proven case of mens rea possession — conviction on a minor offence punishable under section 39A (2) of the Dangerous Drugs Act 1952. 1 case

pre-trial disclosure — section 51A (1) (c) of the Criminal Procedure Code — not complied with by the prosecution although the statement of favourable facts were available to them — application for production order from the sessions court refused — application for criminal revision made — allowed — order made for delivery of written statement of facts favourable to the accused before trial commences at the sessions court. 1 case

Key Statutes

Criminal Procedure Code
cited in 24 cases
Penal Code (Cap 574)
cited in 20 cases
cited in 20 cases
cited in 15 cases
Federal Constitution
cited in 4 cases
cited in 3 cases
Poisons Act 1952
cited in 3 cases
Dangerous Drugs Act
cited in 2 cases
Domestic Violence Act 1994
cited in 1 case
cited in 1 case
cited in 1 case
Evidence Act
cited in 1 case
Courts of Judicature Act
cited in 1 case

Court Distribution

Key People & Firms

Cases

Page 1 of 2
k-06b-64-08-2023
ZOLKAPLI BIN LONG @ MOHAMAD v Pendakwa Raya [TIMBALAN PENDAKWA RAYA]
1 March 2026
MYCOA
wa-45a-28-01-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH SUREN A/L RAMACHANDARAN
22 January 2026
MYHC
wa-45a-6-01-2024
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH SHEAGER A/L ADEKKAPACHI
15 January 2026
MYHC
wa-45a-66-06-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH MOHD YUSRI BIN JUSOH
7 January 2026
MYHC
b-05sh-101-03-2025
MUHAMMAD AFIQ BIN ABDULLAH v Pendakwa Raya
7 December 2025
MYCOA
wa-45a-95-11-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) MOHD NAZRI BIN MOHD NORAZMI SEGAR 2. ) ZULSAHFARIN BIN MUHD YUSOF 3. ) MOHD ZULKIFLI BIN AZMI
27 November 2025
MYHC
wa-45a-15-03-2023
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) MUHAMAD AZLAN BIN RAMLI 2. ) MUHAMAD FARISYA FADLY BIN YAHAYA
30 September 2025
MYHC
wa-42h-3-03-2024
Pendakwa Raya v Bunga Melur Alisya binti Ahmad
23 September 2025
MYHC
wa-45a-21-04-2023
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) FRANCIS XAVIER 2. ) GABRIELLINA JANE A/P DEVARAJ SAMUEL ABISHEGAM
2 September 2025
MYHC
wa-45a-84-08-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH LOH KOON HAN
28 August 2025
MYHC
wa-45a-70-06-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) MUHAMAD SHAHRUL NAIM BIN MOHAMAD ZAIN 2. ) HASHIM TENDOT BIN ABDULLAH
25 August 2025
MYHC
wa-45-23-04-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN
21 August 2025
MYHC
wa-45-24-04-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN
21 August 2025
MYHC
wa-45a-29-02-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU RONG 4. ) TAN OANH TUYEN
21 August 2025
MYHC
wa-45a-44-04-2021
PENDAKWA RAYA Pendakwa Raya TERTUDUH GEOFFERY EZEOBI
20 August 2025
MYHC
wa-42h-10-09-2024
DARSHN RAJ A/L RAJAGOPAL v Pendakwa Raya
13 July 2025
MYHC
wa-45a-15-01-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN) 3. ) MARLINDA KIMPA (LISAN)
9 July 2025
MYHC
wa-45a-23-01-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN)
9 July 2025
MYHC
wa-42h-12-10-2024
Pendakwa Raya v SATIA A/L BALU
25 June 2025
MYHC
wa-42s-12-09-2024
SATIA A/L BALU v Pendakwa Raya
25 June 2025
MYHC
wa-41ors-10-07-2024
XXXX v RASIDAH BINTI RATAG
3 June 2025
MYHC
wa-45a-18-03-2023
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH KALAISELVAM MUTHALIAR A/L ANBAKARASAN
6 May 2025
MYHC
wa-45a-4-02-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) Michael Ting Siew Su 2. ) Robinson Anak Sumping
29 April 2025
MYHC
wa-45b-10-10-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH CHUAH CHIN HOE
26 March 2025
MYHC
wa-42s-5-06-2023
NURZALYENI ARYSSHA BINTI RAZALI v Pendakwa Raya [Jabatan Peguam Negara]
12 March 2025
MYHC