MOHD FAIZUL ANUAR BIN MHD PAUZI

MOHD FAIZUL ANUAR BIN MHD PAUZI

Prosecution failed to prove the charge beyond reasonable doubt because defence evidence presented a plausible, coherent alternative explanation for the injuries (goat horn) and produced credible eyewitnesses whose accounts created reasonable doubt on critical facts (location, cause of injury); conviction would be unsafe and the accused must be acquitted.

Citation
DD-82-1-01/2023 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD FAIZUL ANUAR BIN MHD PAUZI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 May 2025
Case Number
DD-82-1-01/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (assault Under S.323 Read With S.326 a Penal Code) / Magistrate Trial Judgment: Accused Acquitted and Discharged at End of Defence; Prosecution Filed Appeal to High Court (04.06.2025)
Outcome
Accused acquitted and discharged
Legal Topics
Assault (section 323), Causing Hurt to Spouse (section 326 A), Prima Facie Test, Burden of Proof, Credibility of Witnesses, Interested Witness/corroboration
Source Language
Malay/English
Criminal Law Domestic Violence Evidence Criminal Procedure Assault (section 323) Causing Hurt to Spouse (section 326 A) Prima Facie Test Burden of Proof +2 more

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Parties

PENDAKWA RAYA

Prosecution

MOHD FAIZUL ANUAR BIN MHD PAUZI

Accused

Procedural Posture

Criminal (assault Under S.323 Read With S.326 a Penal Code) / Magistrate Trial Judgment: Accused Acquitted and Discharged at End of Defence; Prosecution Filed Appeal to High Court (04.06.2025)

Legal Issues

  1. 1 Whether elements of s.323 and s.326A were proven beyond reasonable doubt
  2. 2 Whether accused and victim were spouses at time of alleged offence
  3. 3 Whether injuries were caused by the accused or by an alternative cause (eg. goat horn)

Ratio Decidendi

Prosecution failed to prove the charge beyond reasonable doubt because defence evidence presented a plausible, coherent alternative explanation for the injuries (goat horn) and produced credible eyewitnesses whose accounts created reasonable doubt on critical facts (location, cause of injury); conviction would be unsafe and the accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohd Faizul Anuar bin Mhd Pauzi acquitted and released
  • Bail returned to surety