PENDAKWARAYA Pejabat Pendakwaan Negeri Selangor Kamal Azli Bin Abas

PENDAKWARAYA Pejabat Pendakwaan Negeri Selangor Kamal Azli Bin Abas

Court found that although a dangerous situation was created by a vehicle being driven against the flow, the prosecution failed to prove the accused was the driver; that material gap in identity meant no prima facie case was established and the accused must be discharged at end of prosecution case.

Citation
83-65-10/2018 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Accused: KAMAL AZLI BIN ABAS
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
20 September 2019
Case Number
83-65-10/2018 (Mahkamah Majistret)
Procedural Posture
Criminal / End of Prosecution Case (no Prima Facie Found)
Outcome
Accused discharged and acquitted at end of prosecution case for failure to establish prima facie case
Legal Topics
Dangerous Driving Causing Death, Prima Facie Test, Identification of Driver, Judicial Notice, Hearsay
Source Language
Malay/English
Criminal Law Road Traffic Offences Evidence Law Dangerous Driving Causing Death Prima Facie Test Identification of Driver Judicial Notice Hearsay

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Parties

PENDAKWARAYA

Prosecutor

KAMAL AZLI BIN ABAS

Accused

Procedural Posture

Criminal / End of Prosecution Case (no Prima Facie Found)

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case
  2. 2 Whether a dangerous situation was created by the accused
  3. 3 Whether the accused was the driver of the vehicle

Ratio Decidendi

Court found that although a dangerous situation was created by a vehicle being driven against the flow, the prosecution failed to prove the accused was the driver; that material gap in identity meant no prima facie case was established and the accused must be discharged at end of prosecution case.

Court Disposition

Accused discharged and acquitted at end of prosecution case for failure to establish prima facie case

Orders

  • Accused Kamal Azli bin Abas is discharged and acquitted at the close of the prosecution's case