ABDUL RAHIM BIN A.HAMID

ABDUL RAHIM BIN A.HAMID

The appellate court affirmed the magistrate's discharge and acquittal because the prosecution failed to establish a prima facie case: medical evidence was inconsistent and uncorroborated (no x-ray exhibits), there were no eyewitnesses to the alleged assault, the injuries did not compellingly meet the statutory threshold of 'cedera parah', and provocation undermined an inference of intentional grievous hurt; benefits of doubt therefore favored the accused.

Citation
PB-41LB-1-02/2022 (Mahkamah Tinggi)
Parties
Prosecutor/appellant: Pendakwa Raya; Accused/respondent: Abdul Rahim bin A. Hamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 March 2023
Case Number
PB-41LB-1-02/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Acquittal (prosecution Appealed the Magistrate's Discharge and Acquittal)
Outcome
Appeal dismissed; magistrate's order of discharge and acquittal affirmed.
Legal Topics
Section 325 Kanun Keseksaan (grievous Hurt), Prima Facie Test at Close of Prosecution, Medical Evidence and Exhibits (x Ray), Provocation, Credibility and Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Section 325 Kanun Keseksaan (grievous Hurt) Prima Facie Test at Close of Prosecution Medical Evidence and Exhibits (x Ray) Provocation Credibility and Appellate Review of Factual Findings

Case Brief

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Parties

Pendakwa Raya

Prosecutor/appellant

Abdul Rahim bin A. Hamid

Accused/respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal (prosecution Appealed the Magistrate's Discharge and Acquittal)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case to call the accused to answer under s.173(f)(i) CPC and s.325 KK
  2. 2 Whether the injuries alleged amounted to 'cedera parah' as defined in s.320 Kanun Keseksaan
  3. 3 Whether inconsistencies and absence of corroborative eyewitness and x-ray evidence justify acquittal

Ratio Decidendi

The appellate court affirmed the magistrate's discharge and acquittal because the prosecution failed to establish a prima facie case: medical evidence was inconsistent and uncorroborated (no x-ray exhibits), there were no eyewitnesses to the alleged assault, the injuries did not compellingly meet the statutory threshold of 'cedera parah', and provocation undermined an inference of intentional grievous hurt; benefits of doubt therefore favored the accused.

Court Disposition

Appeal dismissed; magistrate's order of discharge and acquittal affirmed.

Orders

  • Appeal dismissed.
  • Accused discharged and acquitted.