MOHAMAD NIZAM BIN ABD MUTTALIB

MOHAMAD NIZAM BIN ABD MUTTALIB

The eyewitness evidence of SP1 and SP2 was credible and unrebutted; physical damage to vehicles and photographs corroborated their account; the kerambit found in the accused's vehicle was properly connected to events that began on a public road; the accused's explanations were bare denials and inconsistent and failed to raise reasonable doubt; therefore prosecution proved a prima facie case and the accused is guilty on all three counts.

Citation
MA-62-80-11/2022 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MOHAMAD NIZAM BIN ABD MUTTALIB
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 October 2024
Case Number
MA-62-80-11/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment and Sentencing (convicted and Sentenced)
Outcome
Accused found guilty and convicted on all three charges.
Legal Topics
Assault on Public Servant, Possession of Offensive Weapon, Dangerous Driving, Prima Facie Test, Sentencing
Source Language
Malay/English
Criminal Law Road Traffic Law Weapons Offences Assault on Public Servant Possession of Offensive Weapon Dangerous Driving Prima Facie Test Sentencing

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Parties

PENDAKWA RAYA

Prosecutor

MOHAMAD NIZAM BIN ABD MUTTALIB

Accused

Procedural Posture

Criminal / Judgment and Sentencing (convicted and Sentenced)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under section 353 Penal Code
  2. 2 Whether the kerambit found amounted to an offensive weapon and was possessed in a public place under section 6(1) of the Explosive and Dangerous Weapons Act 1958
  3. 3 Whether accused drove in a manner dangerous to the public under section 42(1) Road Transport Act 1987

Ratio Decidendi

The eyewitness evidence of SP1 and SP2 was credible and unrebutted; physical damage to vehicles and photographs corroborated their account; the kerambit found in the accused's vehicle was properly connected to events that began on a public road; the accused's explanations were bare denials and inconsistent and failed to raise reasonable doubt; therefore prosecution proved a prima facie case and the accused is guilty on all three counts.

Court Disposition

Accused found guilty and convicted on all three charges.

Orders

  • Pertuduhan 1 (Section 353 Penal Code, MA-62-79-11/2022): Fine RM5,000.00; default imprisonment six (6) months if fine not paid.
  • Pertuduhan 2 (Section 6(1) Explosive and Dangerous Weapons Act 1958, MA-62-79-11/2022): Imprisonment five (5) years commencing from date of sentence and one (1) stroke of rotan.