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MALAYSIAN JUDGMENTS & RULINGS

[2018] MYCA 99Court of Appeal

Suit Number: Rayuan Jenayah No. J-05(SH)-312 & 322-08-2016  Date of Judgment: 28 March 2018

Criminal law – Trafficking in firearms – Possession of imitation firearms - Possession of ammunition without a valid permit – Possession of dangerous drugs and poisonous substance – Element of common intention

Criminal law and procedure – Whether the trial judge misdirected himself when he failed to conduct a proper evaluation of the prosecution’s case – Whether the trial judge erred when he failed to discuss the element of common intention at the end of the prosecution’s case – Whether there was exclusive possession

[2018] MYCA 97Court of Appeal

Suit Number: Rayuan Jenayah No. M-06(M)-3-03/2017  Date of Judgment: 29 March 2018

Criminal law – Murder

Criminal law – Whether the trial judge failed to consider that the appellant did not intend to cause death – Whether the trial judge failed to consider the right of private defense – Whether the protection of the right of private defense available

[2018] MYCA 93Court of Appeal

Suit Number: Rayuan Sivil No. W-02(NCVC)(W)-1441-08/2014  Date of Judgment: 15 March 2018

Tort – Malicious prosecution – Availability of the tort of malicious prosecution in civil proceedings

Tort – Malicious prosecution – Requisite elements – Meaning of malice – Whether an action for malicious prosecution lies in respect of a malicious presentation of a winding-up petition

[2018] MYCA 92Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-179-05/2016   Date of Judgment: 23 March 2018

Criminal law - Trafficking in dangerous drugs – Death sentence

Criminal law – Whether the element of possession of drugs proven – Whether the appellant was denied the services of an Interpreter – Whether the appellant should have been charged under the Poisons Act 1952

Appeal – Whether there was any appealable error on the part of the trial court as to warrant appellant intervention

[2018] MYCA 82Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-856-04/2017   Date of Judgment: 06 March 2018

Professional liability – Solicitor – Professional negligence – Standard of care required of a professional – Test

Professional liability – Whether the solicitor owed a duty of care to the client – Whether that duty was breached – Whether the client suffered a loss due to such breach of duty – Damages

[2018] MYCA 83Court of Appeal

Suit Number: Criminal Appeal Nos. W-05(M)-458-12/2016 & W-05(M)-460-12/2016  Date of Judgment: 14 March 2018

Criminal law – Offences of trafficking in and possession of dangerous drugs and poison – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether the trial judge erred in finding a prima facie case for the offence of trafficking – Whether the convicted had possession of drugs – Whether the convicted had custody and/or control of drugs – Whether there was a gap in the prosecution’s case

[2018] MYCA 101Court of Appeal

Suit Number: Rayuan Jenayah No. J-05(M)-253-06/2016   Date of Judgment: 23 March 2018

Criminal law – Murder – Grievous hurt – Death sentence – Appeal

Criminal law – Whether the trial court failed to consider the possibility that the accused did not intend to cause death – Whether weapons used to kill or injure should be presented as exhibits Criminal law – Whether the trial court has applied the proper law – Whether the trial judge has properly appreciated the evidence – Whether the requirements of section 182A of the Criminal Procedure Code complied with

[2018] MYCA 103Court of Appeal

Suit Number: Rayuan-Rayuan Sivil No. B-01(A)-402-10/2016, B-01(A)-403-10/2016, B-01(A)-404-10/2016 & B-01(A)-405-10/2016  Date of Judgment: 25 January 2018

Real estate – Compulsory acquisition of land – Award of compensation by Land Administrator – Objection by landowner

Real estate – Whether acquired land to be used for commercial building or residential building – Whether higher compensation can be claimed – Whether appeal precluded under section 40D of the Land Acquisition Act 1960 – Whether burden of proof discharged in establishing the category of land use of the acquired lands

[2018] MYCA 104Court of Appeal

Suit Number: Civil Appeal No. W-03 (IM)(NCC)-102-12/2016  Date of Judgment: 20 February 2018

Bankruptcy proceedings – Whether the bankruptcy notice defective for not stating the particulars of the judgment – Whether attaching the statement of account to the bankruptcy notice sufficient – Estoppel – Section 3[1][i] of the Bankruptcy Act 1967

[2018] MYCA 105Court of Appeal

Suit Number: Civil Appeal No. W-02(NCVC)(W)-1102-06/2017  Date of Judgment: 28 March 2018

Contracts & commercial – Concession agreement – Supplementary agreement – Application of sections 14, 27(1) and 30 of the Sale of Goods Act 1957

Contracts & commercial – Privity of contract – Application of section 71 of the Contracts Act 1950 – Application of the Nemo dat principle – Principle of restitution for unjust enrichment

[2018] MYCA 106Court of Appeal

Suit Number: Civil Appeal No. P-02(NCVC)(W)-1240-07/2017  Date of Judgment: 07 March 2018

Contracts & commercial – Construction contract to build a house – Claim for variation works

Contracts & commercial – Whether the claim maintainable in law on a quantum meruit basis given the existence of a valid contract – Whether the claim on quantum meruit properly pleaded – Whether the claim for variation works specifically proved

Contracts & commercial – Elements of section 71 of the Contracts Act 1950 – Whether the contract provides for matters relating to variation works

[2018] MYCA 108Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-295-08/2016 (NGA)   Date of Judgment: 30 March 2018

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

Criminal law – Whether there was a failure on the part of the investigating officer to investigate the alleged real trafficker – Whether the trial judge failed to make specific findings on the elements of possession and trafficking – Whether the trial judge failed to adequately consider the Innocent Carrier defence – Whether the trial judge was wrong to hold appellant guilty of willful blindness

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