MOHD ALIPIAH BIN MOHD YUSOFF

MOHD ALIPIAH BIN MOHD YUSOFF

The Court found the prosecution proved beyond reasonable doubt the elements of attempt to commit robbery by the accused while armed with a knife based on eyewitness identification and factual circumstances; the defence explanation was disbelieved and failed to raise reasonable doubt; accordingly the accused was convicted and sentenced within statutory limits.

Citation
AA-62RS-37-10/2021 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Mohd Alipiah bin Mohd Yusoff
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 May 2024
Case Number
AA-62RS-37-10/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial / Judgment on Conviction and Sentence
Outcome
Accused convicted
Legal Topics
Attempted Robbery, Use of Deadly Weapon, Identity Evidence, Sentencing
Source Language
Malay/English
Criminal Law Attempted Robbery Use of Deadly Weapon Identity Evidence Sentencing

Case Brief

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Parties

Public Prosecutor

Prosecution

Mohd Alipiah bin Mohd Yusoff

Accused

Procedural Posture

Criminal Trial / Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether there was an attempt to commit robbery
  2. 2 Whether the accused was armed with a deadly weapon
  3. 3 Whether the accused was the perpetrator (identification)

Ratio Decidendi

The Court found the prosecution proved beyond reasonable doubt the elements of attempt to commit robbery by the accused while armed with a knife based on eyewitness identification and factual circumstances; the defence explanation was disbelieved and failed to raise reasonable doubt; accordingly the accused was convicted and sentenced within statutory limits.

Court Disposition

Accused convicted

Orders

  • Sentence of 6 years imprisonment from date of conviction
  • Stay of execution allowed