MOHD ZULRAIMI BIN MOHD TARMIZI

MOHD ZULRAIMI BIN MOHD TARMIZI

Prosecution failed to prove essential elements of Section 323 beyond reasonable doubt: medical evidence did not conclusively establish fresh injuries caused by the accused (possible prior tympanic membrane damage/barotrauma), victim testimony contained contradictions and there was an unexplained delay and investigative gaps; therefore no prima facie case existed and the accused must be acquitted.

Citation
JA-85-421-11/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Zulraimi bin Mohd Tarmizi
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 April 2024
Case Number
JA-85-421-11/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Summary Trial (magistrate's Court) / End of Prosecution Case — Ruling on Prima Facie (acquittal)
Outcome
Accused released and acquitted of the charge under Section 323 Kanun Keseksaan
Legal Topics
Assault Causing Hurt (section 323 Kanun Keseksaan), Prima Facie Test, Delay in Reporting, Investigation Deficiencies, Medical Causation (barotrauma)
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Medical Expert Evidence Assault Causing Hurt (section 323 Kanun Keseksaan) Prima Facie Test Delay in Reporting Investigation Deficiencies +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Zulraimi bin Mohd Tarmizi

Accused

Procedural Posture

Criminal Summary Trial (magistrate's Court) / End of Prosecution Case — Ruling on Prima Facie (acquittal)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 323 Kanun Keseksaan
  2. 2 Whether injury to the complainant was proven to have been caused by the accused
  3. 3 Whether the accused had the requisite intent or knowledge to cause hurt

Ratio Decidendi

Prosecution failed to prove essential elements of Section 323 beyond reasonable doubt: medical evidence did not conclusively establish fresh injuries caused by the accused (possible prior tympanic membrane damage/barotrauma), victim testimony contained contradictions and there was an unexplained delay and investigative gaps; therefore no prima facie case existed and the accused must be acquitted.

Court Disposition

Accused released and acquitted of the charge under Section 323 Kanun Keseksaan

Orders

  • Accused Mohd Zulraimi bin Mohd Tarmizi is released and acquitted of the offence under Section 323 Kanun Keseksaan
  • Bail and surety discharged