MUHAMAD ZAIM SYAFIQ BIN MD THANY

MUHAMAD ZAIM SYAFIQ BIN MD THANY

The prosecution failed to prove the essential mens rea element that the accused intentionally obstructed the police; the CCTV and witness evidence permitted an alternative inference that the accused did not know the approaching persons were police, so no prima facie case was made out and the accused was acquitted and discharged at the close of the prosecution case.

Citation
JI-83-395-10/2021 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhamad Zaim Syafiq bin Md Thany
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 October 2023
Case Number
JI-83-395-10/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Section 186 Penal Code / Decision at Close of Prosecution (acquitted Without Calling Defence)
Outcome
Accused acquitted and discharged at close of prosecution
Legal Topics
Obstruction of Public Servant, Section 186 Penal Code, Mens Rea, Prima Facie Test at Close of Prosecution
Source Language
Malay/English
Criminal Law Police & Public Order Evidence & Procedure Obstruction of Public Servant Section 186 Penal Code Mens Rea Prima Facie Test at Close of Prosecution

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Parties

Public Prosecutor

Prosecution

Muhamad Zaim Syafiq bin Md Thany

Accused

Procedural Posture

Criminal Section 186 Penal Code / Decision at Close of Prosecution (acquitted Without Calling Defence)

Legal Issues

  1. 1 Whether the accused intentionally (wilfully) obstructed a public servant contrary to s186 Penal Code
  2. 2 Whether the public servant was discharging his public function at the time
  3. 3 Whether the prosecution established a prima facie case at the close of its case

Ratio Decidendi

The prosecution failed to prove the essential mens rea element that the accused intentionally obstructed the police; the CCTV and witness evidence permitted an alternative inference that the accused did not know the approaching persons were police, so no prima facie case was made out and the accused was acquitted and discharged at the close of the prosecution case.

Court Disposition

Accused acquitted and discharged at close of prosecution

Orders

  • Accused Muhamad Zaim Syafiq bin Md Thany acquitted and discharged; not called to enter defence