PENDAKWARAYA SOON NAM SHENG

PENDAKWARAYA SOON NAM SHENG

The prosecution established beyond reasonable doubt that the accused committed theft and, in the course of doing so, voluntarily caused hurt to the victim; identification (dock and CCTV), medical evidence and physical seizure of items corroborated the victim's account; the accused's explanations were inconsistent and rejected; accordingly a prima facie case was proven and the accused was convicted under s.394 Penal Code and sentenced to 10 years' imprisonment.

Citation
WA-62RS-64-04/2019 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Soon Nam Sheng
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2020
Case Number
WA-62RS-64-04/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery / Trial Judgment and Sentencing
Outcome
Accused found guilty and convicted under Section 394 Penal Code
Legal Topics
Section 394 Penal Code, Assault and Hurt, CCTV Identification, Prima Facie Test, Medical Report Corroboration
Source Language
Malay/English
Criminal Law Robbery Evidence Sentencing Section 394 Penal Code Assault and Hurt CCTV Identification Prima Facie Test +1 more

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Parties

Pendakwa Raya

Prosecution

Soon Nam Sheng

Accused

Procedural Posture

Criminal Robbery / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under s.394 Penal Code
  2. 2 Whether the accused voluntarily caused hurt while committing theft
  3. 3 Whether identification and forensic evidence were reliable and corroborative

Ratio Decidendi

The prosecution established beyond reasonable doubt that the accused committed theft and, in the course of doing so, voluntarily caused hurt to the victim; identification (dock and CCTV), medical evidence and physical seizure of items corroborated the victim's account; the accused's explanations were inconsistent and rejected; accordingly a prima facie case was proven and the accused was convicted under s.394 Penal Code and sentenced to 10 years' imprisonment.

Court Disposition

Accused found guilty and convicted under Section 394 Penal Code

Orders

  • Convicted of robbery under Section 394 Penal Code
  • Sentenced to 10 years imprisonment from date of decision (5 February 2021)