Hashim bin Hamzah
About JCA Hashim bin Hamzah
Hashim bin Hamzah has 64 reported Malaysia decisions (2023–2026). These were decided across MYCOA (63) and MYFC (1). By subject matter, the largest shares are Civil Procedure (21), Criminal Law (19) and Criminal Procedure (19). Of these, 8 as the delivering judge and 56 sitting on the coram.
On the judicial record
An appellate judge whose reported corpus is anchored in criminal and corruption appeals while reaching into constitutional free-speech and public-service questions.
Justice Hashim bin Hamzah sits in the Court of Appeal (Mahkamah Rayuan), and the reported decisions in this corpus span constitutional, criminal, corruption and civil appeals. A significant constitutional decision arises from a charge under section 233 of the Communications and Multimedia Act 1998, in which the court examined whether restricting words said to be 'offensive' or intended to 'annoy' pursued a legitimate aim under Article 10(2)(a) of the Federal Constitution — the permissible limits on the freedom of speech and expression guaranteed by Article 10(1)(a).
Corruption appeals feature, including charges under sections 17 and 19 of the Malaysian Anti-Corruption Commission Act 2009 (Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009) concerning the giving or receiving of gratification by an agent. Drug-trafficking appeals under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952) are well represented — for example an appeal against a conviction and a sentence of life imprisonment and whipping for trafficking in cannabis — turning on custody, control and knowledge of the drugs.
Criminal procedure also comes before the panel, including the principle that no appeal lies against a conviction following a guilty plea under section 305 of the Criminal Procedure Code, except as to the extent or legality of the sentence, and whether a voluntary and unequivocal plea forecloses a challenge to conviction. On the civil side, the corpus includes a constitutional and statutory appeal by pensionable members of the armed forces concerning pension adjustments under the Armed Forces Act 1972 and the Pensions Regulations 1982 and Articles 132, 137 and 147 of the Federal Constitution. Drug appeals in this corpus also examine whether the trial court properly evaluated the evidence at the close of the prosecution before calling the accused to enter a defence. The corpus reflects an appellate judge whose reported work is anchored in the criminal law and its procedure while reaching into constitutional free-speech and public-service questions of wider importance, with the sufficiency of the prosecution's proof and the correctness of the trial court's findings recurring as the decisive issues.
How many cases has Hashim bin Hamzah decided?
Hashim bin Hamzah has 64 reported Malaysia decisions (2023–2026), 8 of them as the delivering judge.
Which courts does Hashim bin Hamzah sit in?
Hashim bin Hamzah sits in MYCOA (63) and MYFC (1).
What constitutional question appears in Justice Hashim bin Hamzah's corpus?
An appeal from a charge under section 233 of the Communications and Multimedia Act 1998, examining whether restricting words said to be 'offensive' or to 'annoy' was a legitimate restriction on the freedom of speech and expression under Article 10 of the Federal Constitution.
What criminal-procedure principle appears in the corpus?
The principle under section 305 of the Criminal Procedure Code that no appeal lies against a conviction following a guilty plea, except as to the extent or legality of the sentence, where the plea was voluntary and unequivocal.