MOHAMAD FAIZ BIN HALMI

MOHAMAD FAIZ BIN HALMI

Although the prosecution established a prima facie case and the complainant alleged unwanted touching, the defence raised reasonable doubt through alibi evidence (timestamps and messages), demonstrated inconsistencies between the complainant's statements and the police report, and identified potential motive linked to tenancy and unpaid rent; the reasonable doubt was not dispelled by prosecution and therefore the accused was acquitted pursuant to the principle that guilt must be proved beyond reasonable doubt.

Citation
MA-83-185-02/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohamad Faiz bin Halmi; Complainant: Sarah Afiqah Aqmar binti Sabri
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 November 2024
Case Number
MA-83-185-02/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (offence Under Section 354 Penal Code) / Magistrate Judgment (acquittal at Conclusion of Trial)
Outcome
Accused acquitted and discharged
Legal Topics
Assault and Criminal Force, Outraging Modesty (section 354), Corroboration in Sexual Offence Cases, Reasonable Doubt, Charge Amendment (section 158 Cr Pc)
Source Language
Malay/English
Criminal Law Sexual Offences Evidence and Procedure Assault and Criminal Force Outraging Modesty (section 354) Corroboration in Sexual Offence Cases Reasonable Doubt Charge Amendment (section 158 Cr Pc)

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Parties

Pendakwa Raya

Prosecutor

Mohamad Faiz bin Halmi

Accused

Sarah Afiqah Aqmar binti Sabri

Complainant

Procedural Posture

Criminal (offence Under Section 354 Penal Code) / Magistrate Judgment (acquittal at Conclusion of Trial)

Legal Issues

  1. 1 Whether the prosecution proved assault or use of criminal force under section 354 Penal Code
  2. 2 Whether the prosecution proved intent to outrage the complainant's modesty or knowledge that such outrage was likely
  3. 3 Whether corroboration or unusually convincing testimony existed to safely convict in a sexual offence with no eyewitnesses

Ratio Decidendi

Although the prosecution established a prima facie case and the complainant alleged unwanted touching, the defence raised reasonable doubt through alibi evidence (timestamps and messages), demonstrated inconsistencies between the complainant's statements and the police report, and identified potential motive linked to tenancy and unpaid rent; the reasonable doubt was not dispelled by prosecution and therefore the accused was acquitted pursuant to the principle that guilt must be proved beyond reasonable doubt.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohamad Faiz bin Halmi is released and acquitted of the charge under section 354 Penal Code
  • Bail money to be returned to the surety