AZINEETA BINTI YAZIB

AZINEETA BINTI YAZIB

The court concluded the prosecution failed to prove a prima facie case on both counts: evidence did not establish intent or knowledge to cause death for s307, witness testimony was inconsistent and contradicted by medical reports and investigator statements, and there was a break in the chain of custody regarding the alleged broom for s324; therefore the accused must be acquitted and released.

Citation
DA-62-46-09/2023 (Mahkamah Sesyen)
Parties
Prosecution (appellant): Pendakwa Raya; Accused (respondent): Azineeta binti Yazib
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 January 2025
Case Number
DA-62-46-09/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal (against Acquittal) / Appeal Filed; Judgment on Merits of Prosecution Case (acquittal Maintained)
Outcome
Accused acquitted and discharged on both charges (sections 307 and 324 Kanun Keseksaan).
Legal Topics
Attempted Murder (s307), Voluntarily Causing Hurt (s324), Prima Facie Requirement, Credibility of Witnesses, Chain of Custody of Exhibits
Source Language
Malay/English
Criminal Law Evidence Law Attempted Murder (s307) Voluntarily Causing Hurt (s324) Prima Facie Requirement Credibility of Witnesses Chain of Custody of Exhibits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution (appellant)

Azineeta binti Yazib

Accused (respondent)

Procedural Posture

Criminal Appeal (against Acquittal) / Appeal Filed; Judgment on Merits of Prosecution Case (acquittal Maintained)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for offence under section 307 (attempt to murder)
  2. 2 Whether prosecution proved a prima facie case for offence under section 324 (voluntarily causing hurt)
  3. 3 Whether the accused had intent or knowledge to cause death or grievous hurt

Ratio Decidendi

The court concluded the prosecution failed to prove a prima facie case on both counts: evidence did not establish intent or knowledge to cause death for s307, witness testimony was inconsistent and contradicted by medical reports and investigator statements, and there was a break in the chain of custody regarding the alleged broom for s324; therefore the accused must be acquitted and released.

Court Disposition

Accused acquitted and discharged on both charges (sections 307 and 324 Kanun Keseksaan).

Orders

  • Tertuduh dibebas dan dilepaskan daripada pertuduhan.
  • Wang jaminan dikembalikan.