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Shamala A/P Jaganathan

4 appearances

About Shamala A/P Jaganathan

Shamala A/P Jaganathan appears as counsel of record in 4 reported Malaysia judgments (2025). These were heard before MYCOA (4).

On the court record

The reported matters document prosecution advocacy in drug and homicide appeals, including the reduction of a trafficking charge to possession, grounded in Court of Appeal judgments.

Shamala A/P Jaganathan appears in the reported corpus as a Deputy Public Prosecutor from the Attorney General's Chambers, appearing for the prosecution in criminal appeals before the Court of Appeal, principally in drug and homicide cases. Several of the appeals concern trafficking in dangerous drugs. In one, the appellant challenged a conviction under section 39B(1)(a) of the Dangerous Drugs Act 1952, and the Court of Appeal, having reviewed the circumstances, concluded that they supported a charge not of trafficking but of possession; it substituted the original section 39B(1)(a) charge with one of possession under section 39A(2) and sentenced the appellant to ten years' imprisonment. Appearing for the prosecution, the matter illustrates how an appellate court may reduce rather than overturn a drug conviction.

In a further trafficking appeal under section 39B, the appellant contended that the trial judge had confused the facts of the case with those of a different, unrelated matter, raising a fundamental question of misdirection and the proper evaluation of the evidence; she appeared for the prosecution as the appeal probed the integrity of the trial court's reasoning.

Homicide work also features. In an appeal against conviction and sentence under section 302 of the Penal Code, the question was whether the trial court had been correct in fact and law in finding that it was the appellant who inflicted the fatal injury; appearing for the prosecution, the matter turned on the sufficiency of the identification and causation evidence. A thread across these decisions is the state's defence of convictions and the appropriate characterisation of an offence on appeal, from the line between trafficking and possession in drug cases to the proof of the fatal act in a murder case, argued for the prosecution before the Court of Appeal of Malaysia. The reported work sits in serious criminal appellate practice, where the responding side must both uphold the trial court's findings and, where the evidence points that way, accept a lesser characterisation of the offence.

4
Appearances
1
Roles
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Firms
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Senior Counsel

How many cases has Shamala A/P Jaganathan appeared in?

Shamala A/P Jaganathan appears as counsel of record in 4 reported Malaysia judgments (2025).

Which courts does Shamala A/P Jaganathan appear in?

Shamala A/P Jaganathan appears before MYCOA (4).

On which side do Shamala A/P Jaganathan's reported cases place her?

She appeared for the prosecution as a Deputy Public Prosecutor from the Attorney General's Chambers, in criminal appeals before the Court of Appeal in drug and homicide cases.

What happened in the trafficking appeal that was reduced to possession?

The Court of Appeal concluded the circumstances supported a charge of possession rather than trafficking, substituted the section 39B(1)(a) charge with one of possession under section 39A(2) of the Dangerous Drugs Act 1952, and sentenced the appellant to ten years' imprisonment; she appeared for the prosecution.

What issue arose in the second trafficking appeal?

Whether the trial judge had confused the facts of the case with those of a different, unrelated matter, raising a question of misdirection and the proper evaluation of the evidence.

Practice Areas (from case appearances)

Counsel Prosecution (4)