PENDAKWARAYA PN. NURSULEHAN 1. MOHAMAD RAZIB BIN HUSSEIN 2. ROOBEN A/L PRAEMANATHAN 3. IRWAN BIN AMRAN

PENDAKWARAYA PN. NURSULEHAN 1. MOHAMAD RAZIB BIN HUSSEIN 2. ROOBEN A/L PRAEMANATHAN 3. IRWAN BIN AMRAN

Victim's consistent and reliable identification (in-court and identification parade), corroborated by witness SD2 and material exhibits (parang P4 and recovered items), established the elements of robbery with an offensive weapon beyond reasonable doubt; the accused's defence was an afterthought and mere denial failed to raise a reasonable doubt; accordingly convicted on ss.392/395 read with 397 Penal Code; sentencing driven by seriousness, weapon use, victim trauma, prior record and deterrence, with sentences ordered to run concurrently from date of arrest.

Citation
[1]JA-62J-45-05/2019 [2]JA-62RS-48-08/2019 [3] JA-62J-67-08/2019 (Mahkamah Sesyen)
Parties
Accused/defendant: Mohamad Razib bin Hussein; Accused/defendant: Rooben a/l Praemanathan; Accused/defendant: Irwan bin Amran; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 December 2021
Case Number
[1]JA-62J-45-05/2019 [2]JA-62RS-48-08/2019 [3] JA-62J-67-08/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial and Sentencing (conviction After Full Trial)
Outcome
Accused Mohamad Razib bin Hussein convicted on counts under ss.392/395 read with 397 Penal Code and sentenced.
Legal Topics
Robbery, Identification Parade, Burden of Proof, Accomplice Evidence, Offensive Weapon, Concurrent Sentences, Afterthought Defence, Credibility Assessment
Source Language
Malay/English
Criminal Law Evidence Sentencing Robbery Identification Parade Burden of Proof Accomplice Evidence Offensive Weapon +3 more

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Parties

Mohamad Razib bin Hussein

Accused/defendant

Rooben a/l Praemanathan

Accused/defendant

Irwan bin Amran

Accused/defendant

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Trial and Sentencing (conviction After Full Trial)

Legal Issues

  1. 1 Whether prosecution proved robbery offences (ss.392/395/397 Penal Code) beyond reasonable doubt
  2. 2 Admissibility and weight of identification evidence (in-court and identification parade)
  3. 3 Whether accused's defence raised reasonable doubt (afterthought/mere denial)

Ratio Decidendi

Victim's consistent and reliable identification (in-court and identification parade), corroborated by witness SD2 and material exhibits (parang P4 and recovered items), established the elements of robbery with an offensive weapon beyond reasonable doubt; the accused's defence was an afterthought and mere denial failed to raise a reasonable doubt; accordingly convicted on ss.392/395 read with 397 Penal Code; sentencing driven by seriousness, weapon use, victim trauma, prior record and deterrence, with sentences ordered to run concurrently from date of arrest.

Court Disposition

Accused Mohamad Razib bin Hussein convicted on counts under ss.392/395 read with 397 Penal Code and sentenced.

Orders

  • Kes No. JA-62J-45-05/2019: 12 years imprisonment from date of arrest and 2 strokes of the rotan
  • Kes No. JA-62RS-48-08/2019: 10 years imprisonment from date of arrest and 1 stroke of the rotan