[ ] HATMAN RIZA BIN RADZUN

[ ] HATMAN RIZA BIN RADZUN

The High Court dismissed the prosecution's appeal because the Magistrate did not misdirect in law: the Magistrate properly exercised discretion in admitting the video under s9 Evidence Act, properly assessed the totality of prosecution and defence evidence and reasonably found that the defence raised a reasonable doubt as to the accused's intent to cause hurt; those factual findings are entitled to appellate deference and there were no substantial and compelling reasons to disturb them.

Citation
BA-41LB(A)-1-01/2022 (Mahkamah Tinggi)
Parties
Appellant (prosecution): Pendakwa Raya; Respondent (accused): Hatman Riza bin Radzun
Court
A
Jurisdiction
Malaysia
Judgment Date
13 July 2022
Case Number
BA-41LB(A)-1-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Appeal to High Court Against Magistrate Acquittal
Outcome
Appeal dismissed; Magistrate's order of acquittal and discharge of respondent upheld
Legal Topics
Causing Hurt (section 323 Penal Code), Enhanced Penalty for Family Member (section 326 a Penal Code), Prima Facie Case, Admissibility and Relevance of Evidence (evidence Act 1950 S9), Standard of Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Evidence Law Domestic/family Violence Causing Hurt (section 323 Penal Code) Enhanced Penalty for Family Member (section 326 a Penal Code) Prima Facie Case Admissibility and Relevance of Evidence (evidence Act 1950 S9) Standard of Appellate Review of Factual Findings

Case Brief

Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Appellant (prosecution)

Hatman Riza bin Radzun

Respondent (accused)

Procedural Posture

Criminal / Appeal to High Court Against Magistrate Acquittal

Legal Issues

  1. 1 Whether a prima facie case established at end of prosecution case precludes acquittal after defence evidence
  2. 2 Whether Magistrate erred in admitting defendant's video exhibit (D5) as irrelevant or afterthought
  3. 3 Whether there remained reasonable doubt as to intent to cause hurt

Ratio Decidendi

The High Court dismissed the prosecution's appeal because the Magistrate did not misdirect in law: the Magistrate properly exercised discretion in admitting the video under s9 Evidence Act, properly assessed the totality of prosecution and defence evidence and reasonably found that the defence raised a reasonable doubt as to the accused's intent to cause hurt; those factual findings are entitled to appellate deference and there were no substantial and compelling reasons to disturb them.

Court Disposition

Appeal dismissed; Magistrate's order of acquittal and discharge of respondent upheld

Orders

  • Appeal by Pendakwa Raya dismissed
  • Order that Magistrate's decision to release and discharge the respondent is affirmed