[Jabatan Peguam Negara] 1. ) QISTINA BATRISYIA BINTI MOHD SALLEH 2. ) BIBI SHAKIRA BINTI SAMSUDDIN

[Jabatan Peguam Negara] 1. ) QISTINA BATRISYIA BINTI MOHD SALLEH 2. ) BIBI SHAKIRA BINTI SAMSUDDIN

Prosecution proved cause and effect of fire and damage under Section 436 but failed to prove beyond reasonable doubt the identity of the perpetrators; CCTV was inconclusive and owner identification was unreliable and not corroborated; therefore no prima facie case existed and accused were discharged without being called to answer.

Citation
WA-62-76-07/2022 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: Qistina Batrisyia bt Mohd Salleh; Accused: Bibi Shakira binti Samsuddin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 July 2023
Case Number
WA-62-76-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial / Post Prosecution Close; Decision on Prima Facie and Discharge at Close of Prosecution Case
Outcome
Accused discharged and acquitted; prosecution failed to establish a prima facie case at close of its case
Legal Topics
Arson, Mischief by Fire (section 436), Identification Evidence, Prima Facie Case, Turnbull Guidelines
Source Language
Malay/English
Criminal Law Evidence Arson Mischief by Fire (section 436) Identification Evidence Prima Facie Case Turnbull Guidelines

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Parties

PENDAKWA RAYA

Prosecutor

Qistina Batrisyia bt Mohd Salleh

Accused

Bibi Shakira binti Samsuddin

Accused

Procedural Posture

Criminal Trial / Post Prosecution Close; Decision on Prima Facie and Discharge at Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case under Section 436 Penal Code read with Section 34
  2. 2 Whether the individuals in the CCTV footage were reliably identified as the accused
  3. 3 Whether identification evidence met Turnbull guidelines and warranted calling accused to answer

Ratio Decidendi

Prosecution proved cause and effect of fire and damage under Section 436 but failed to prove beyond reasonable doubt the identity of the perpetrators; CCTV was inconclusive and owner identification was unreliable and not corroborated; therefore no prima facie case existed and accused were discharged without being called to answer.

Court Disposition

Accused discharged and acquitted; prosecution failed to establish a prima facie case at close of its case

Orders

  • Qistina Batrisyia bt Mohd Salleh and Bibi Shakira binti Samsuddin are discharged and acquitted; prosecution case dismissed at close of prosecution evidence