1. ) MOHD NAZRUL HAFFIS BIN YAACOB 2. ) AZHAR AMID 3. ) MOHD AZIM HIZAMI BIN ABDUL HALIM 4. ) MOHD AFIF BIN ABDUL HALIM 5. ) MOHD ARIFF BIN AZHAR

1. ) MOHD NAZRUL HAFFIS BIN YAACOB 2. ) AZHAR AMID 3. ) MOHD AZIM HIZAMI BIN ABDUL HALIM 4. ) MOHD AFIF BIN ABDUL HALIM 5. ) MOHD ARIFF BIN AZHAR

Prosecution failed to establish a prima facie case: the victim could not identify individual perpetrators, there was no evidence of a specific threat causing fear to compel surrender of RM1000, material contradictions existed among witnesses (including accomplices) and common intention under s.34 was not proven; therefore accused should be discharged and acquitted at close of prosecution case.

Citation
KA-82-11-11/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: MOHD NAZRUL HAFFIS BIN YAACOB; Accused: AZHAR AMID; Accused: MOHD AZIM HIZAMI BIN ABDUL HALIM; Accused: MOHD AFIF BIN ABDUL HALIM; Accused: MOHD ARIFF BIN AZHAR
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 November 2025
Case Number
KA-82-11-11/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Close of Prosecution Case (prima Facie Assessment and Discharge)
Outcome
Accused discharged and acquitted at close of prosecution case (no need to call to enter defence)
Legal Topics
Extortion, Section 385 Penal Code, Common Intention S.34, Prima Facie Case, Accomplice Evidence and Corroboration, Identification
Source Language
Malay/English
Criminal Law Extortion Section 385 Penal Code Common Intention S.34 Prima Facie Case Accomplice Evidence and Corroboration Identification

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Parties

Pendakwa Raya

Prosecution

MOHD NAZRUL HAFFIS BIN YAACOB

Accused

AZHAR AMID

Accused

MOHD AZIM HIZAMI BIN ABDUL HALIM

Accused

MOHD AFIF BIN ABDUL HALIM

Accused

MOHD ARIFF BIN AZHAR

Accused

Procedural Posture

Criminal / Close of Prosecution Case (prima Facie Assessment and Discharge)

Legal Issues

  1. 1 Whether a prima facie case of extortion under s.385 read with s.34 was established against the accused
  2. 2 Whether the victim was placed in fear of injury or other consequences to induce handing over of RM1000
  3. 3 Whether common intention under s.34 was proven

Ratio Decidendi

Prosecution failed to establish a prima facie case: the victim could not identify individual perpetrators, there was no evidence of a specific threat causing fear to compel surrender of RM1000, material contradictions existed among witnesses (including accomplices) and common intention under s.34 was not proven; therefore accused should be discharged and acquitted at close of prosecution case.

Court Disposition

Accused discharged and acquitted at close of prosecution case (no need to call to enter defence)

Orders

  • Azhar Amid (second accused) discharged and acquitted at the close of the prosecution case; no need to call to enter defence