MURALIKRISHNA A/L NOKIAH v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

w-05m-2-01-2022 Court of Appeal (Mahkamah Rayuan) 20 August 2025 • W-05(M)-2-01/2022 • 32 min read

3 cases cited (0 SG, 3 foreign)

Outcome

The conviction of the 1st accused is therefore affirmed. [75] However, having regard to the prevailing sentencing framework and the circumstances of the case, we find it appropriate to interfere with the sentence imposed. The sentence of death is hereby set aside.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (w-05m-2-01-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against conviction and sentence – Section 39B(1)(a) Dangerous Drugs Act 1952 read together with Section 34 Penal Code – Whether the learned High Court Judge erred in in failing to properly evaluate the defence – Whether the learned High Court Judge erred in failing to consider the Appellant’s assertion that he had no knowledge of the existence of the drugs therein and was unaware that the transaction involved the sale and purchase of drugs – Whether the Appellant was entrapped by third party and used as a drug mule – Whether the learned High Court Judge erred in failing to meticulously and comprehensively evaluate the totality of the defence evidence.

Practice Areas

Criminal Procedure Criminal Law

Judges (3)

Azman bin Abdullah Coram Mohamed Zaini bin Mazlan Coram Noorin binti Badaruddin Delivered

Counsel (5)

Attorney General's Chamber Firm Salehuddin Saidin & Assoc Firm Afifuddin bin Ahmad Hafifi Counsel Appellant Aina Melina binti Johan Arif Lim Counsel Appellant Faizal @ Amrin Bin Noor Hadi Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Muralikrishna a/l Nokiah Appellant

Statutes Cited

Dangerous Drugs Act 1952 (Cap 234)

Evidence Act 1950 (Cap 56)

Penal Code (Cap 574)

Cases Cited (3)

MY (3)

[1983] 2 MLJ 232 [2006] 2 MLJ 15 [2017] 4 MLJ 421

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-05m-2-01-2022)