MUHAMMAD ZULHAKIMI HUSAINI BIN ZULKIFLI

MUHAMMAD ZULHAKIMI HUSAINI BIN ZULKIFLI

Prosecution failed to prove a prima facie case because the identity of the perpetrator was not safely established; the victim's identification was undermined by inconsistencies and parade irregularities, therefore the accused must be acquitted and discharged.

Citation
AC-83-268-05/2022 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhammad Zulhakimi Husaini Bin Zulkifli
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 November 2023
Case Number
AC-83-268-05/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (assault to Outrage Modesty Under S.354 Penal Code) / Magistrate Acquitted and Discharged at Close of Prosecution; Prosecution Filed Appeal to High Court
Outcome
Acquitted and discharged
Legal Topics
Assault and Criminal Force (s.354 Penal Code), Identification Parade and Reliability, Prima Facie Test at Close of Prosecution, Turnbull Guidelines on Identification, Outrage of Modesty and Intention
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Assault and Criminal Force (s.354 Penal Code) Identification Parade and Reliability Prima Facie Test at Close of Prosecution Turnbull Guidelines on Identification Outrage of Modesty and Intention

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Parties

Public Prosecutor

Prosecution

Muhammad Zulhakimi Husaini Bin Zulkifli

Accused

Procedural Posture

Criminal (assault to Outrage Modesty Under S.354 Penal Code) / Magistrate Acquitted and Discharged at Close of Prosecution; Prosecution Filed Appeal to High Court

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.354 Penal Code
  2. 2 Whether identification evidence was reliable and complied with identification/Turnbull guidelines
  3. 3 Whether the accused intended to outrage the victim's modesty

Ratio Decidendi

Prosecution failed to prove a prima facie case because the identity of the perpetrator was not safely established; the victim's identification was undermined by inconsistencies and parade irregularities, therefore the accused must be acquitted and discharged.

Court Disposition

Acquitted and discharged

Orders

  • Accused acquitted and discharged
  • No defence called