MOHD ADNAN BIN MAT ISA

MOHD ADNAN BIN MAT ISA

Although the prosecution established a prima facie case at the close of its case, the accused's sworn testimony provided a credible alternative account that created a reasonable doubt as to intention to cause grievous hurt; the injury occurred in the course of a spontaneous physical struggle and was accidental rather than intentional, therefore the accused was acquitted.

Citation
DA-61-4-07/2023 (Mahkamah Sesyen)
Parties
Perayu: Pendakwa Raya; Accused / Orang Yang Kena Tuduh (okt): Mohd Adnan bin Mat Isa
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 June 2025
Case Number
DA-61-4-07/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal (assault Section 325/326 a Kanun Keseksaan) / Appeal by Prosecution Against Acquittal; Sessions Court Decision at End of Defence
Outcome
Accused acquitted and discharged
Legal Topics
Grievous Hurt (section 325), Domestic Relationship Enhancement (section 326 A), Prima Facie Test, Burden of Proof, Acquittal at End of Defence
Source Language
Malay/English
Criminal Law Domestic Violence Procedural Law Grievous Hurt (section 325) Domestic Relationship Enhancement (section 326 A) Prima Facie Test Burden of Proof Acquittal at End of Defence

Case Brief

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Parties

Pendakwa Raya

Perayu

Mohd Adnan bin Mat Isa

Accused / Orang Yang Kena Tuduh (okt)

Procedural Posture

Criminal (assault Section 325/326 a Kanun Keseksaan) / Appeal by Prosecution Against Acquittal; Sessions Court Decision at End of Defence

Legal Issues

  1. 1 Whether prosecution proved ingredients of s325/326A including intention to cause grievous hurt
  2. 2 Whether victim was the accused's former spouse as alleged
  3. 3 Whether the medical injury qualified as grievous hurt under s320

Ratio Decidendi

Although the prosecution established a prima facie case at the close of its case, the accused's sworn testimony provided a credible alternative account that created a reasonable doubt as to intention to cause grievous hurt; the injury occurred in the course of a spontaneous physical struggle and was accidental rather than intentional, therefore the accused was acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohd Adnan bin Mat Isa is released, acquitted and discharged from the charge
  • Bail money to be returned