Fathiyah binti Idris

On the judicial record

A guide to how a High Court judge applies the substantive and procedural criminal law in Bahasa Malaysia across drug trafficking under the Dangerous Drugs Act 1952, homicide under the Penal Code, and road-traffic and corruption offences.

Fathiyah binti Idris sits in the High Court, and this collection is overwhelmingly criminal, with judgments and catchwords in Bahasa Malaysia. Drug prosecutions dominate: trafficking in dangerous drugs, pengedaran dadah berbahaya, under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952), and possession under section 12(2) of the same Act, with the recurring questions of possession, custody, control and knowledge, milikan, jagaan, kawalan dan pengetahuan, and the statutory presumptions. The court examines the prosecution's case at the close of its evidence and the integrity of the chain of evidence, rantaian keterangan, over the seized drugs. Homicide appears through charges under seksyen 302 Kanun Keseksaan (section 302 of the Penal Code), including matters resolved on a plea of guilty to the alternative charge under section 304(a). Road-traffic crime features through dangerous driving causing death under section 41(1) of the Road Transport Act 1987, and corruption through an appeal against conviction and sentence for receiving gratification. Criminal procedure recurs through a challenge that a charge was defective under sections 152 to 154 of the Criminal Procedure Code and through a bail application for a section 39B offence engaging section 388 of the Criminal Procedure Code. The judgments state the charge, work through the evidence stage by stage, and record the disposition in the court's operative terms, glossing the Malay as it appears. In keeping with the site's suppression rule, accused persons are referred to by their role, and are named only where the case name itself is displayed. A recurring theme is the court's scrutiny of possession and the chain of evidence in drug prosecutions, and its attention to whether the charge itself was validly framed. The collection is a clear guide to how a High Court judge applies the substantive and procedural criminal law across drugs, homicide, road-traffic and corruption offences, and to how the Malay terms of art of the judgments are rendered accessible to an English reader.