The Record
A selection of precedent-setting matters argued and reported by the chambers.
The High Court clarified requirements for admitting information leading to the discovery of evidence under Section 27 of the Evidence Act 1950.
The High Court set aside a murder conviction, holding that the appellant had acted in legitimate exercise of his right of private defense.
The High Court acquitted the accused of murder, ruling he acted in reasonable private defense against a perceived threat of grievous hurt.
The High Court convicted the accused of culpable homicide after rejecting a defense of non-insane automatism following a fatal shooting.
The High Court dismissed the former Inspector-General of Police's appeal against his jail sentence for assaulting Dato' Seri Anwar Ibrahim.
The Supreme Court analyzed the distinction between murder and culpable homicide not amounting to murder under the Malaysian Penal Code.
This judgment examines the application of common intention under Section 34 of the Penal Code in a joint trial involving drug trafficking charges.
This case clarified the requirement for the prosecution to establish a prima facie case before the court calls for the defense in a criminal trial.
The court held that non-compliance with Section 257 of the Criminal Procedure Code regarding the explanation of rights to the accused is a fatal illegality.
This landmark decision prohibited the simultaneous use of statutory presumptions to prove both possession and the purpose of trafficking in a single drug charge.
The Federal Court determined that the definition of trafficking in the Dangerous Drugs Act 1952 encompasses the act of importing drugs into the country.
This decision clarifies the elements of criminal breach of trust, specifically focusing on the requirements for proving entrustment and dominion over property by agents.
This case involved the sentencing of a foreign national for a drugs-related offence, examining the court's approach to sentencing considerations.
The court ruled that strict compliance with procedural safeguards in preventive detention laws is mandatory, otherwise the detention is unlawful and void.
The High Court acquitted the accused of murder after finding the prosecution's circumstantial evidence insufficient to establish a prima facie case.
The accused were acquitted of drug trafficking charges because the prosecution failed to prove their common intention and actual possession of the drugs.
This Federal Court decision distinguished between medical and legal insanity, holding that only legal insanity provides a defense under Section 84 of the Penal Code.
The court held that a custodial sentence must reflect the gravity of the offense and serve as a public deterrent for violent crimes.