TAMILARASEN A/L MOHAN v Pendakwa Raya

b-05sh-24-01-2025 Court of Appeal (Mahkamah Rayuan) 1 October 2025 • B-05(SH)-24-01/2025 • 21 min read
27 cases cited (0 SG, 27 foreign)

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Practice Areas

Judges (3)

Counsel (4)

Parties (2)

Case Significance

TAMILARASEN A/L MOHAN v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated October 1, 2025 (citation: b-05sh-24-01-2025). <p>The appellant was convicted of trafficking 111.32 grams of methamphetamine found in his motorcycle at Kampung Pendamar, Pelabuhan Klang. The main complaint was that the trial judge confused the facts of the case with an unrelated case, resulting in material misdirections of fact in the grounds of judgment. The Court of Appeal unanimously allowed the appeal and set aside the conviction and sentence, finding the errors were fundamental and had prejudiced the appellant.</p> The panel comprised Azman bin Abdullah, Mohd Radzi bin Abdul Hamid and Noorin binti Badaruddin, with Mohd Radzi bin Abdul Hamid delivering the judgment. Counsel appearing: N. Sivananthan A/L Nithyanantham (counsel for appellant), Nurul Nabilah binti Habibu (counsel for appellant), Shamala A/P Jaganathan (prosecution counsel).

Summary

The appellant was convicted of trafficking 111.32 grams of methamphetamine found in his motorcycle at Kampung Pendamar, Pelabuhan Klang. The main complaint was that the trial judge confused the facts of the case with an unrelated case, resulting in material misdirections of fact in the grounds of judgment. The Court of Appeal unanimously allowed the appeal and set aside the conviction and sentence, finding the errors were fundamental and had prejudiced the appellant.

What was the outcome of TAMILARASEN A/L MOHAN v Pendakwa Raya?

<p>The appellant was convicted of trafficking 111.32 grams of methamphetamine found in his motorcycle at Kampung Pendamar, Pelabuhan Klang. The main c...

Statutes Cited

Cases Cited (27)

MY (27)
[1941] 1 MLJ 176 [1963] 1 MLJ 263 [1996] 1 CLJ 705 [1996] 1 MLJ 209 [1998] 2 CLJ 1 [1998] 2 CLJ 10 [1998] 2 MLJ 577 [2003] 1 CLJ 734 [2003] 2 CLJ 19 [2003] 2 MLJ 65 [2009] 2 CLJ 800 [2009] 2 MLJ 613 [2010] 8 CLJ 560 [2011] 1 CLJ 805 [2011] 6 MLJ 1 [2013] 3 MLJ 773 [2013] 4 CLJ 21 [2013] MLJU 703 [2014] 1 CLJ 58 [2015] 1 CLJ 579 [2015] 1 MLJ 617 [2015] 3 CLJ 439 [2015] 3 MLJ 125 [2016] 1 MLJ 413 [2017] 2 MLJ 366 [2018] 6 MLJ 505 [2022] MLJU 99