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[2018] MYCA 15Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-1073-06/2016  Date of Judgment: 11 January 2018

Tort – Defamation – Whether the words complained of or the impugned statements in the articles and videos false and defamatory in nature

Defamation – Defence of qualified privilege, the Reynolds privilege – Steps involved in availing the Reynolds privilege defence – Whether the respondents have successfully availed themselves to the defence of qualified privilege

Defamation – Defence of qualified privilege – Whether the defence of qualified privilege and the defence of reportage separate and distinct defences – Whether the words complained of in the articles and videos were published by the respondents on an occasion of a qualified privilege or an occasion of reportage

Tort – Malicious falsehood – Whether the words were published by the respondents maliciously with intent to injure the appellant’s reputation, trade and business

[2018] MYCA 14Court of Appeal

Suit Number: Rayuan Jenayah No. B-05(M)-60-01/2017  Date of Judgment: 10 January 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Death sentence – Appeal

Criminal law – Defence of Innocent carrier – Whether the failure to investigate the registration and use of the appellant’s telephone created a gap in the prosecution’s case making the conviction unsafe – Whether the trial court failed to sufficiently consider the appellant’s defence – Defence of Innocent carrier

[2018] MYCA 13Court of Appeal

Suit Number: Rayuan Sivil No. W-01(A)-336-08/2016  Date of Judgment: 10 January 2018

Administrative law – Judicial review application – Challenge to an order prohibiting printing, importation, production, reproduction, publishing, sale issue, circulation, distribution or possession of books – Section 7(1) of the Printing Presses and Publications Act 1984

Administrative law – Judicial review application – Whether books prejudicial to public order and security of Malaysia

Constitutional law & civil rights – Articles 8 and 10 of the Federal Constitution – Restrictions on these constitutional rights – Objective test

Administrative law – Judicial review application – Whether the Order suffers from illegality, irrationality, procedural impropriety or unreasonableness – Whether the Order was made in accordance with Section 7(1) of the Printing Presses and Publications Act 1984 – Whether the Order was illegal – Whether the Order was a restriction on the constitutional right to freedom of expression – Whether this was a clear case of potential prejudice to public order that can restrict constitutional rights

[2018] MYCA 12Court of Appeal

Suit Number: Rayuan Jenayah No. B-05-3-01/2014  Date of Judgment: 09 January 2018

Criminal law – Trafficking in dangerous drugs – Offence under section 39B(1)(a) of the Dangerous Drugs Act 1952 – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether the accused had ownership and control of impugned drugs – Whether the accused had knowledge of the drugs – Whether the conviction was safe

[2018] MYCA 11Court of Appeal

Suit Number: Rayuan Jenayah No. P-05(M)-317-11/2015  Date of Judgment: 08 January 2018

Criminal law – Trafficking of dangerous drugs – Offence under section 39B(1)(a) of the Dangerous Drugs Act 1952 – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether there was a failure on the part of the trial judge to properly evaluate the evidence submitted by the defence – Whether the trial judge was wrong in applying the impeachment procedure

Criminal law – Whether there was a violation of the prohibition of double presumption use

[2018] MYCA 10Court of Appeal

Suit Number: Criminal Appeal Nos. S-05(M)-225-06/2016 & S-05(LB)-179-05/2017  Date of Judgment: 08 January 2018

Criminal law – Offences of trafficking in dangerous drugs – Conviction – Appeal

Criminal law – Whether the accused was under arrest when he uttered the words amounting to an admission of knowledge about the impugned drugs – Whether a statutory caution was given to the accused – Whether the trial judge failed to consider any evidence which corroborated with the defence of the accused – Whether the conviction was safe

[2018] MYCA 9Court of Appeal

Suit Number: Rayuan Jenayah No. J-05-63-03/2015  Date of Judgment: 08 January 2018

Criminal law – Kidnapping for money – Charge under Section 3 of the Kidnapping Act 1961 – Reasonable doubt raised over prosecution’s case – Amended charge under section 5(1) of the Kidnapping Act – Guilty plea – Conviction – Sentence – Appeal by prosecution

Criminal law – Whether the trial court has erred when it decided that the failure to summon a prosecution witness was fatal to the prosecution's case – Whether the trial court erred in law and fact when it accepted the defence of the respondents and found them guilty of the amended charge

[2018] MYCA 8Court of Appeal

Suit Number: Rayuan Jenayah Nos. B-05(M)-297-07/2016 & B-05(SH)-299-08/2016  Date of Judgment: 05 January 2018

Criminal law – Murder – Attempt to Murder – Conviction – Death sentence – Appeal

Criminal law – Self Defence – Whether the trial court erred when it found the appellant’s defence to be a mere denial or an afterthought – Whether the trial court failed to sufficiently appreciate that the appellant’s evidence cast a reasonable doubt on the prosecution’s case

[2018] MYCA 7Court of Appeal

Suit Number: Rayuan Jenayah No. P-05(M)-350-12/2015  Date of Judgment: 04 January 2018

Criminal Law - Trafficking of dangerous drugs – Offense under section 39B(1)(a) of the Dangerous Drugs Act 1952

Criminal Law – Duty of the trial judge under Section 182A(1) the Criminal Procedure Code

Criminal Law – Whether the trial judge’s failure to adequately appreciate the cautioned statement contrary to Section 182A(1) the Criminal Procedure Code – Whether such failure of the trial judge amounts to misdirection warranting appellate intervention

[2018] MYCA 6Court of Appeal

Suit Number: Criminal Appeal No. A-05(M)-212-08/2015  Date of Judgment: 04 January 2018

Criminal Law – Possession of drugs – What constitutes possession – Whether the appellant had the sole custody and control of the drugs

Criminal Law – Presumption of trafficking in drugs – Section 37(da) of the Dangerous Drugs Act

Criminal Law – Whether the trial judge was wrong in finding that the prosecution had proven a prima facie case that the appellant had the sole custody and control of the drugs – Whether the defence had raised a reasonable doubt against the prosecution’s case

[2018] MYCA 5Court of Appeal

Suit Number: Rayuan Jenayah No. W-05(M)-209-06/2016  Date of Judgment: 04 January 2018

Criminal Law – Procedure – Whether parties should be allowed to make oral or written submissions at the close of the prosecution’s case

Criminal Law – Criminal procedure – Whether it is mandatory for trial judge to hear submissions before giving his decision – Whether that issue to be solely decided in light of Section 181(1) of the Criminal Procedure Code

Constitutional Law – Fair Trial – Whether failure of the trial judge to hear submissions amounts to denial of fair trial – Whether such failure contravenes Article 5(1) of the Federal Constitution

[2018] MYCA 4Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-379-10/2016  Date of Judgment: 04 January 2018

Criminal Law – Trafficking in dangerous drugs - Dangerous Drugs Act 1952 – Mandatory death sentence – Appeal

Criminal law – Evidence – Whether the appellant had physical custody and control of the bag that contained the impugned drugs at the material time – Whether the luggage tags of the impugned bags were inadmissible on the ground of the hearsay rule – Whether the evidence on the DNA profile inadmissible as the person who extracted the blood specimen of the appellant was not called as a witness – Whether the evidence pertaining to the test-fitting of clothes on the appellant admissible as a caution under section 37A (now Section 37B) of the Dangerous Drugs Act 1952 was not administered before the test-fitting – Whether the evidence of the chemist inadmissible on the ground of hearsay evidence as the person who actually carried out the test was not called as a witness

Criminal law – Criminal procedure – Whether the written statement of the investigation officer inadmissible – Whether the written statement fulfills the requirement for a declaration under section 402B(2)(b) of the Criminal Procedure Code

Whether the statutory presumption under section 37(d) of the of the Dangerous Drugs Act 1952 was correctly invoked by the trial judge to hold that the appellant had possession of the impugned drugs – Whether the trial judge had adequately considered the Doctrine of willful blindness and the innocent carrier defence put up by the appellant

[2018] MYCA 3Court of Appeal

Suit Number: Civil Appeal Nos. A-03(IM)(NCC)-50-05/2016 & A-03(IM)(NCC)-51-05/2016  Date of Judgment: 04 January 2018

Bankruptcy – Whether bankruptcy notice should be set aside – Whether bankruptcy notice was premised on a final judgment – Whether the amount due to the judgment creditors had been clarified or quantified

Bankruptcy – Law on the application to set aside the bankruptcy notice – Whether the application to set aside the bankruptcy notice vide the affidavit filed by the judgment debtors was in compliance with the Bankruptcy Act 1967 and the Bankruptcy Rules 1969

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