[Timbalan (TPR), Jabatan Peguam Negara] FAZMI AZIZI BIN ISMAIL

[Timbalan (TPR), Jabatan Peguam Negara] FAZMI AZIZI BIN ISMAIL

The court held that prosecution failed to prove a prima facie case because of material inconsistencies between the complainant's account and medical/documentary evidence regarding the location and description of injury, lack of independent corroboration, and weaknesses in the complainant's credibility; therefore it was not prepared to convict the accused if he remained silent and the accused was acquitted.

Citation
CB-82-8-05/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Fazmi Azizi bin Ismail
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 July 2024
Case Number
CB-82-8-05/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Close of Prosecution Case (prima Facie Stage)
Outcome
Accused acquitted and discharged
Legal Topics
Assault, Domestic Violence, Prima Facie Test, Burden of Proof, Credibility of Witnesses
Source Language
Malay/English
Criminal Law Evidence Family Law Assault Domestic Violence Prima Facie Test Burden of Proof Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Fazmi Azizi bin Ismail

Accused

Procedural Posture

Criminal / Close of Prosecution Case (prima Facie Stage)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under Section 323 read with Section 326A Penal Code
  2. 2 Whether accused and complainant were spouse/former spouse as required by Section 326A
  3. 3 Credibility and reliability of complainant's testimony given inconsistencies

Ratio Decidendi

The court held that prosecution failed to prove a prima facie case because of material inconsistencies between the complainant's account and medical/documentary evidence regarding the location and description of injury, lack of independent corroboration, and weaknesses in the complainant's credibility; therefore it was not prepared to convict the accused if he remained silent and the accused was acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Tertuduh dilepaskan dan dibebaskan daripada pertuduhan.