PENDAKWARAYA Pendakwaraya SARAWUT PANMEE

PENDAKWARAYA Pendakwaraya SARAWUT PANMEE

The prosecution failed to establish a prima facie case because identification evidence was insecure (absence of provided lineup report despite reliance on recognition, delays and inconsistencies), so the court could not find beyond doubt that the accused was the shooter; therefore the accused was discharged and released from both charges.

Citation
RA-62-12-03/2019 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Sarawut Panmee
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 September 2021
Case Number
RA-62-12-03/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial — Judgment on Prosecution's Case (end of Prosecution Case)
Outcome
Accused discharged and released; charges dismissed for failure to establish a prima facie case.
Legal Topics
Attempted Murder, Identification Parade / Recognition Evidence, Prima Facie Test, Section 307 Penal Code, Turnbull Identification Guidelines
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Forensic Ballistics Attempted Murder Identification Parade / Recognition Evidence Prima Facie Test Section 307 Penal Code +1 more

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Parties

Pendakwa Raya

Prosecution

Sarawut Panmee

Accused

Procedural Posture

Criminal / Trial — Judgment on Prosecution's Case (end of Prosecution Case)

Legal Issues

  1. 1 Whether the acts amounted to an attempt to murder
  2. 2 Whether the accused committed the attempted murders
  3. 3 Sufficiency and reliability of identification evidence (lineup)

Ratio Decidendi

The prosecution failed to establish a prima facie case because identification evidence was insecure (absence of provided lineup report despite reliance on recognition, delays and inconsistencies), so the court could not find beyond doubt that the accused was the shooter; therefore the accused was discharged and released from both charges.

Court Disposition

Accused discharged and released; charges dismissed for failure to establish a prima facie case.

Orders

  • Accused Sarawut Panmee is discharged and released from both charges under Section 307 Kanun Keseksaan.