MARIYANI BINTI HARUN

MARIYANI BINTI HARUN

The court found prosecution proved that the accused had care of the children and that the children suffered physical injuries, but prosecution failed to prove that the accused caused those injuries or was responsible for them; absent evidence directly linking the accused to the injuries and given other occupants in the house and evidentiary gaps (untendered photos/videos, unclear timing), no prima facie case existed and acquittal and discharge at end of prosecution case was required.

Citation
AA-62-25-04/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Mariyani binti Harun
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 April 2024
Case Number
AA-62-25-04/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (child Abuse) / Acquittal and Discharge at End of Prosecution Case; Challenged by Prosecution Appeal
Outcome
Accused acquitted and discharged on both charges
Legal Topics
Child Abuse, Ill‑treatment Under Child Act 2001, Prima Facie Requirement, Acquittal and Discharge
Source Language
Malay/English
Child Law Criminal Law Evidence Child Abuse Ill‑treatment Under Child Act 2001 Prima Facie Requirement Acquittal and Discharge

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Parties

Public Prosecutor

Prosecutor

Mariyani binti Harun

Accused

Procedural Posture

Criminal (child Abuse) / Acquittal and Discharge at End of Prosecution Case; Challenged by Prosecution Appeal

Legal Issues

  1. 1 Whether the accused was a person having the care of the children
  2. 2 Whether the prosecution proved that the accused abused the children
  3. 3 Whether the children suffered physical injuries

Ratio Decidendi

The court found prosecution proved that the accused had care of the children and that the children suffered physical injuries, but prosecution failed to prove that the accused caused those injuries or was responsible for them; absent evidence directly linking the accused to the injuries and given other occupants in the house and evidentiary gaps (untendered photos/videos, unclear timing), no prima facie case existed and acquittal and discharge at end of prosecution case was required.

Court Disposition

Accused acquitted and discharged on both charges

Orders

  • Accused Mariyani binti Harun is acquitted and discharged of the 1st and 2nd charges under s31(1)(a) Child Act 2001
  • No order to call accused to enter defence