Criminal Justice

23 cases · January 2025 to November 2025

Key Issues & Sub-Topics

offences of drug trafficking and drug possession — assortment of drugs and poison — four accused persons — two were acquitted at the close of prosecution case — defence called for two other accused persons — both testified under oath — successful in rebutting presumption of trafficking — found guilty and convicted for an offence of drug possession — charge for an offence of drug trafficking reduced to one of possession — sentenced according to law. 3 offences of drug trafficking and possession — accused persons acquitted and discharged at conclusion of trial — consideration of all evidence adduced pursuant to section 182A (1) of the Criminal Procedure Code — pivotal issue of accessibility to raided premises not proven beyond reasonable doubt by the prosecution — only proof of residential link available at conclusion of trial. 2 offence of rape — appeal to the High Court — appellate intervention justified — no adequate consideration of the entire case by the trial judge — medical and forensic evidence not given adequate consideration — improbability of the alleged occurrence not duly considered — flawed identification parade — credibility of intoxicated victim — conviction entered is not safe — accused acquitted and discharged — appeal against sentence by prosecution dismissed. 2 offence of drug trafficking — acquittal at the end of case of prosecution — First accused (deceased) led to raiding team to premises — also tenant — Second and Third Accused merely present at the said premises — mens rea possession not proven — presumption of trafficking cannot be invoked. 1 offence of drug trafficking — defence of innocent carrier — accepted by court — credible explanation to rebut presumption of trafficking on a balance of probabilities — no iota of evidence to link accused persons with the dangerous drugs — mere transporters for the employer — employer and owner of car not called — adverse inference drawn against prosecution — accused persons acquitted and discharged. 1 appeal against inadequacy of sentence — order of binding over by magistrate — affirmed on appeal save for variation of the bond period — factors such as plea of guilty at once; delay in prosecution of the appeal taken into consideration — sentence meted out is fair, reasonable and proportional to the criminal conduct of the defendant. 1 offence of drug trafficking — two accused persons charged — in furtherance of their common intention — drugs found in a borrowed car — accused persons were in momentary possession of the car — owner of the car as well as the individual who lent the car not called as witnesses — adverse inference drawn — second accused unfairly charged as she was merely ferried by the first accused to HKL — clear disclosure at point of arrest — but claim not investigated into — benefit of the doubt to be given to the accused persons — both acquitted and discharged at close of the case of prosecution. 1 offence of drug trafficking — accused ordered to defend himself on a reduced charge for an offence of drug possession — accused testified — successful in raising a reasonable doubt on the case of prosecution — cumulative effect of contradictions, inconsistencies of the wavering testimonies of Prosecution Witnesses — who were accomplices of the crime — accused unfairly charged — in momentary possession of the impugned drugs without knowing content of the bag he was asked to hold. 1 offence of drug trafficking — acquittal at close of prosecution case — accused persons were mere guests at the condominium unit — absence of proof of tenancy — production of out of court statement by agent insufficient to prove the fact in issue on tenancy — defense advanced that the accused persons were merely guests prevails — non calling of witness who had access to the premises, also arrested — adverse inference drawn against prosecution. 1 offence of drug trafficking — proven beyond reasonable doubt — accused unable to rebut presumption of trafficking — application of the doctrine of willful blindness to prove knowledge on the part of accused of the impugned drugs — accused convicted and sentenced to imprisonment — principle of proportionality adhered to. 1 appeal against sentence allowed — reduction of sentence — principle of proportionality when sentencing accused not followed by sessions court judge. 1 Interim Protection order (IPO) involving a child issued by the magistrate was set aside ex parte without hearing father of the child and the Welfare Department — appeal allowed — IPO reinstated — new magistrate to rehear the application to set aside the IPO afresh — breach of audi alteram partum rule. 1 offence of drug trafficking — accused acquitted and discharged at the end of prosecution case — case of prosecution disclose more than one version — failure to investigate version of the accused disclosed in police reports made — raiding officer did not make full and frank disclosure to investigation officer of case — adverse inference drawn. 1 offence of drug trafficking by two accused persons with common intention — acquittal of second accused at conclusion of trial as no proof of common intention beyond reasonable doubt — first accused convicted on a lesser offence of drug possession — defence raised on the existence of another individual who was the actual trafficker — application of the Radhi principle — sentenced accordingly. 1 offence of murder — wife was killed — invocation of the doctrine of last person seen and been together — no plausible explanation rendered by accused — inference of guilt — presumption of guilt operates against him — chain of circumstances proved beyond reasonable doubt by prosecution — accused convicted and sentenced to thirty years imprisonment. 1 offence under section 31 (1) (a) of the Child Act 2001 (Act 611) — mother neglecting her child who had fallen from a height of 18th Floor of a Condominium — finding of guilty, conviction and sentence by the Sessions Court Judge (SCJ) is safe — all ingredients of offence proven by the prosecution beyond reasonable doubt — appellate intervention is unjustified — appeal by accused dismissed — accused to serve sentence of imprisonment as ordered. 1 offences of drug trafficking and drug possession — acquittal at the end of case of prosecution for offences of drug trafficking — accused ordered to defend himself for the charge of drug possession — defence of innocent carrier successfully raised — sufficient and good alcontara notice given to the raiding and investigating officer of the case but not investigated into — benefit of doubt favours the accused — offends the right to fair trial of the accused person. 1 drug trafficking offence — mens rea possession proven — presumption of trafficking invoked — accused unable to raise a reasonable doubt on mens rea possession — able to rebut the presumption of trafficking on a balance of probabilities — left accused found only to be in passive possession — no overt act on part of the accused — prematurely arrested before transfer of possession of dangerous drug — found guilty and convicted for offence of drug possession. 1 offences of drug trafficking — involving large quantity of cannabis found with the accused — mens rea possession proved beyond reasonable doubt — accused unable to tilt balance of probabilities in favor of him to rebut the presumption of trafficking invoked against him — found guilty, convicted — sentenced to a period of thirty years pursuant to section 39B (2) of the DDA 1952. 1

offences of drug trafficking and drug possession — assortment of drugs and poison — four accused persons — two were acquitted at the close of prosecution case — defence called for two other accused persons — both testified under oath — successful in rebutting presumption of trafficking — found guilty and convicted for an offence of drug possession — charge for an offence of drug trafficking reduced to one of possession — sentenced according to law. 3 cases

offence of rape — appeal to the High Court — appellate intervention justified — no adequate consideration of the entire case by the trial judge — medical and forensic evidence not given adequate consideration — improbability of the alleged occurrence not duly considered — flawed identification parade — credibility of intoxicated victim — conviction entered is not safe — accused acquitted and discharged — appeal against sentence by prosecution dismissed. 2 cases

offence of drug trafficking — acquittal at the end of case of prosecution — First accused (deceased) led to raiding team to premises — also tenant — Second and Third Accused merely present at the said premises — mens rea possession not proven — presumption of trafficking cannot be invoked. 1 case

appeal against inadequacy of sentence — order of binding over by magistrate — affirmed on appeal save for variation of the bond period — factors such as plea of guilty at once; delay in prosecution of the appeal taken into consideration — sentence meted out is fair, reasonable and proportional to the criminal conduct of the defendant. 1 case

offence of drug trafficking — two accused persons charged — in furtherance of their common intention — drugs found in a borrowed car — accused persons were in momentary possession of the car — owner of the car as well as the individual who lent the car not called as witnesses — adverse inference drawn — second accused unfairly charged as she was merely ferried by the first accused to HKL — clear disclosure at point of arrest — but claim not investigated into — benefit of the doubt to be given to the accused persons — both acquitted and discharged at close of the case of prosecution. 1 case

offence of drug trafficking — accused ordered to defend himself on a reduced charge for an offence of drug possession — accused testified — successful in raising a reasonable doubt on the case of prosecution — cumulative effect of contradictions, inconsistencies of the wavering testimonies of Prosecution Witnesses — who were accomplices of the crime — accused unfairly charged — in momentary possession of the impugned drugs without knowing content of the bag he was asked to hold. 1 case

offence of drug trafficking — acquittal at close of prosecution case — accused persons were mere guests at the condominium unit — absence of proof of tenancy — production of out of court statement by agent insufficient to prove the fact in issue on tenancy — defense advanced that the accused persons were merely guests prevails — non calling of witness who had access to the premises, also arrested — adverse inference drawn against prosecution. 1 case

offence of drug trafficking — proven beyond reasonable doubt — accused unable to rebut presumption of trafficking — application of the doctrine of willful blindness to prove knowledge on the part of accused of the impugned drugs — accused convicted and sentenced to imprisonment — principle of proportionality adhered to. 1 case

appeal against sentence allowed — reduction of sentence — principle of proportionality when sentencing accused not followed by sessions court judge. 1 case

Interim Protection order (IPO) involving a child issued by the magistrate was set aside ex parte without hearing father of the child and the Welfare Department — appeal allowed — IPO reinstated — new magistrate to rehear the application to set aside the IPO afresh — breach of audi alteram partum rule. 1 case

offence of drug trafficking — accused acquitted and discharged at the end of prosecution case — case of prosecution disclose more than one version — failure to investigate version of the accused disclosed in police reports made — raiding officer did not make full and frank disclosure to investigation officer of case — adverse inference drawn. 1 case

offence of drug trafficking by two accused persons with common intention — acquittal of second accused at conclusion of trial as no proof of common intention beyond reasonable doubt — first accused convicted on a lesser offence of drug possession — defence raised on the existence of another individual who was the actual trafficker — application of the Radhi principle — sentenced accordingly. 1 case

offence of murder — wife was killed — invocation of the doctrine of last person seen and been together — no plausible explanation rendered by accused — inference of guilt — presumption of guilt operates against him — chain of circumstances proved beyond reasonable doubt by prosecution — accused convicted and sentenced to thirty years imprisonment. 1 case

offence under section 31 (1) (a) of the Child Act 2001 (Act 611) — mother neglecting her child who had fallen from a height of 18th Floor of a Condominium — finding of guilty, conviction and sentence by the Sessions Court Judge (SCJ) is safe — all ingredients of offence proven by the prosecution beyond reasonable doubt — appellate intervention is unjustified — appeal by accused dismissed — accused to serve sentence of imprisonment as ordered. 1 case

offences of drug trafficking and drug possession — acquittal at the end of case of prosecution for offences of drug trafficking — accused ordered to defend himself for the charge of drug possession — defence of innocent carrier successfully raised — sufficient and good alcontara notice given to the raiding and investigating officer of the case but not investigated into — benefit of doubt favours the accused — offends the right to fair trial of the accused person. 1 case

drug trafficking offence — mens rea possession proven — presumption of trafficking invoked — accused unable to raise a reasonable doubt on mens rea possession — able to rebut the presumption of trafficking on a balance of probabilities — left accused found only to be in passive possession — no overt act on part of the accused — prematurely arrested before transfer of possession of dangerous drug — found guilty and convicted for offence of drug possession. 1 case

offences of drug trafficking — involving large quantity of cannabis found with the accused — mens rea possession proved beyond reasonable doubt — accused unable to tilt balance of probabilities in favor of him to rebut the presumption of trafficking invoked against him — found guilty, convicted — sentenced to a period of thirty years pursuant to section 39B (2) of the DDA 1952. 1 case

Key Statutes

Penal Code (Cap 574)
cited in 1 case
cited in 1 case
cited in 1 case

Court Distribution

Key People & Firms

Cases

wa-45a-95-11-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) MOHD NAZRI BIN MOHD NORAZMI SEGAR 2. ) ZULSAHFARIN BIN MUHD YUSOF 3. ) MOHD ZULKIFLI BIN AZMI
27 November 2025
MYHC
wa-45a-15-03-2023
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) MUHAMAD AZLAN BIN RAMLI 2. ) MUHAMAD FARISYA FADLY BIN YAHAYA
30 September 2025
MYHC
wa-42h-3-03-2024
Pendakwa Raya v Bunga Melur Alisya binti Ahmad
23 September 2025
MYHC
wa-45a-21-04-2023
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) FRANCIS XAVIER 2. ) GABRIELLINA JANE A/P DEVARAJ SAMUEL ABISHEGAM
2 September 2025
MYHC
wa-45a-84-08-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH LOH KOON HAN
28 August 2025
MYHC
wa-45a-70-06-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) MUHAMAD SHAHRUL NAIM BIN MOHAMAD ZAIN 2. ) HASHIM TENDOT BIN ABDULLAH
25 August 2025
MYHC
wa-45-23-04-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN
21 August 2025
MYHC
wa-45-24-04-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN
21 August 2025
MYHC
wa-45a-29-02-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU RONG 4. ) TAN OANH TUYEN
21 August 2025
MYHC
wa-45a-44-04-2021
PENDAKWA RAYA Pendakwa Raya TERTUDUH GEOFFERY EZEOBI
20 August 2025
MYHC
wa-42h-10-09-2024
DARSHN RAJ A/L RAJAGOPAL v Pendakwa Raya
13 July 2025
MYHC
wa-45a-15-01-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN) 3. ) MARLINDA KIMPA (LISAN)
9 July 2025
MYHC
wa-45a-23-01-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) AZRIL SANI BIN RAMUDIN 2. ) ASRUL IMRAN BIN ABDULLAH (LISAN)
9 July 2025
MYHC
wa-42h-12-10-2024
Pendakwa Raya v SATIA A/L BALU
25 June 2025
MYHC
wa-42s-12-09-2024
SATIA A/L BALU v Pendakwa Raya
25 June 2025
MYHC
wa-41ors-10-07-2024
XXXX v RASIDAH BINTI RATAG
3 June 2025
MYHC
wa-45a-18-03-2023
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH KALAISELVAM MUTHALIAR A/L ANBAKARASAN
6 May 2025
MYHC
wa-45a-4-02-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH 1. ) Michael Ting Siew Su 2. ) Robinson Anak Sumping
29 April 2025
MYHC
wa-45b-10-10-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH CHUAH CHIN HOE
26 March 2025
MYHC
wa-42s-5-06-2023
NURZALYENI ARYSSHA BINTI RAZALI v Pendakwa Raya [Jabatan Peguam Negara]
12 March 2025
MYHC
wa-45a-37-03-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH AMAECHI OMEAKU
12 March 2025
MYHC
wa-45a-29-03-2021
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH LEE ZUN MING
27 February 2025
MYHC
wa-45a-12-01-2022
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH MOHD KAMAL BIN JOHARI
14 January 2025
MYHC