PENDAKWARAYA ASWAD BIN ISMAIL

PENDAKWARAYA ASWAD BIN ISMAIL

At the close of the prosecution case the court applied the prima facie test, found the prosecution evidence credible and sufficient to establish the elements of attempted robbery and common intention; the accused's sworn denial and explanation failed to raise reasonable doubt; accordingly convicted under section 393 read with section 34 Penal Code and sentenced to three years' imprisonment.

Citation
WA-62RS-59-03/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Aswad bin Ismail
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 August 2021
Case Number
WA-62RS-59-03/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing (appeal Filed)
Outcome
Accused convicted of attempted robbery under Section 393 read with Section 34 Penal Code and sentenced to three years' imprisonment; appeal filed by accused.
Legal Topics
Attempted Robbery, Common Intention (section 34), Prima Facie / Burden of Proof, Identification Evidence, Mitigation and Aggravation in Sentencing
Source Language
Malay/English
Criminal Law Criminal Procedure Sentencing Attempted Robbery Common Intention (section 34) Prima Facie / Burden of Proof Identification Evidence Mitigation and Aggravation in Sentencing

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Parties

Pendakwa Raya

Prosecution

Aswad bin Ismail

Accused

Procedural Posture

Criminal / Conviction and Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for attempted robbery under section 393 read with section 34
  2. 2 Whether accused acted with common intention with co-accused
  3. 3 Whether the defence raised reasonable doubt sufficient to acquit

Ratio Decidendi

At the close of the prosecution case the court applied the prima facie test, found the prosecution evidence credible and sufficient to establish the elements of attempted robbery and common intention; the accused's sworn denial and explanation failed to raise reasonable doubt; accordingly convicted under section 393 read with section 34 Penal Code and sentenced to three years' imprisonment.

Court Disposition

Accused convicted of attempted robbery under Section 393 read with Section 34 Penal Code and sentenced to three years' imprisonment; appeal filed by accused.

Orders

  • Convicted under Section 393 Penal Code read with Section 34 Penal Code
  • Sentenced to imprisonment for 3 years