Goh Jit Ee v Pendakwa Raya [Pegawai Pendakwa]

p-05sh-548-11-2022 Court of Appeal (Mahkamah Rayuan) 4 December 2024 • P-05(SH)-548-11/2022 • 66 min read
31 cases cited (1 SG, 30 foreign)

Outcome

For all the reasons stated above, we find that the conviction of the three accused persons safe and we accordingly dismissed their appeal and affirmed the conviction meted out by the learned out by the trial judge.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (p-05sh-548-11-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Section 3(1) of the Kidnapping Act 1961 read together with section 34 of the Penal Code - Section 27 of the Evidence Act 1950 - How much of information received from accused may be proved - Section 34 of the Penal Code - Common intention - Section 2 of the Kidnapping Act 1961 defines “ransom” - Section 339 of the Penal Code - Wrongful restraint - Section 340 of the Penal Code - Wrongfully confinement - Section 362 of the Penal Code – Abduction - critical issues raised cumulatively - (A) Whether the trial judge was right when he found a prima facie case had been established - (B) Defective Charge - (C) Demand for Ransom - (D) Information leading to discovery under section 27 of the Evidence Act 1950 - (E) Common Intention - (F) Whether prosecution has proven its case beyond reasonable doubt - Conviction of the three accused persons safe – Appeal dismissed and affirmed the conviction meted out by the learned out by the trial judge.

Practice Areas

Criminal Law Evidence Criminal Procedure

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Azman bin Abdullah Coram Azmi bin Ariffin Delivered

Counsel (1)

Norzilati Izhani Zaonal@Zainol Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Goh Jit Ee Appellant

Statutes Cited

Evidence Act
s 27 s 8
Evidence Act 1950 (Cap 56)
s 133A s 27
Kidnapping Act 1961
s 3(1)
Penal Code (Cap 574)
s 34

Cases Cited (31)

SLR (1)
[1998] 3 SLR(R) 142
UK (2)
[1916] 2 KB 658 [1976] 3 All ER 549
MY (28)
[1980] 2 MLJ 195 [1980] 2 MLJ 196 [1983] 1 CLJ 138 [1983] 2 MLJ 232 [1987] 1 CLJ 540 [1987] 2 MLJ 336 [1989] 2 CLJ 1168 [1989] 3 MLJ 356 [2002] 4 MLJ 185 [2005] 1 CLJ 466 [2005] 1 MLJ 261 [2005] 2 CLJ 481 [2005] 3 MLJ 389 [2005] 4 MLJ 37 [2006] 8 CLJ 462 [2007] 10 CLJ 469 [2008] 4 CLJ 413 [2009] 2 CLJ 603 [2009] 3 MLJ 643 [2009] 4 MLJ 525 [2011] 4 CLJ 758 [2011] MLJU 852 [2012] 10 CLJ 22 [2013] 1 MLJ 733 [2014] 1 MLJ 49 [2015] MLJU 1956 [2016] 6 MLJ 277 [2016] 9 CLJ 769

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (p-05sh-548-11-2022)