1. ) MUHAMMAD AL NIJAM BIN MD YUSOF 2. ) MUHAMMAD NOOR AZROY BIN MD SHARIF 3. ) MUHAMMAD ZAHIR BIN MD YUSOF

1. ) MUHAMMAD AL NIJAM BIN MD YUSOF 2. ) MUHAMMAD NOOR AZROY BIN MD SHARIF 3. ) MUHAMMAD ZAHIR BIN MD YUSOF

The prosecution failed to establish a prima facie case for offences under s504 and s332 because (a) the words complained of were within protected expression and did not demonstrate intent to provoke a breach of peace, (b) the investigating officer's dual role created reasonable suspicion of bias undermining the investigation into s504, and (c) identification evidence was inconsistent and injuries were minor, leaving reasonable doubt as to which accused caused the harm; accordingly all accused were acquitted and discharged at the end of the prosecution's case.

Citation
MC-83-162-04/2023 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Rozaimi bin Hasim; Accused: Muhammad Al Nijam bin Md Yusof; Accused: Muhammad Noor Azroy bin Md Sharif; Accused: Muhammad Zahir bin Md Yusof
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 October 2024
Case Number
MC-83-162-04/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial End of Prosecution's Case
Outcome
All accused acquitted and discharged at the end of the prosecution's case
Legal Topics
Section 504 Penal Code, Section 332 Penal Code, Joint Trial, Bias in Investigation, Identification Evidence, Freedom of Speech
Source Language
Malay/English
Criminal Law Constitutional Law Police Procedure Section 504 Penal Code Section 332 Penal Code Joint Trial Bias in Investigation Identification Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Muhammad Rozaimi bin Hasim

Accused

Muhammad Al Nijam bin Md Yusof

Accused

Muhammad Noor Azroy bin Md Sharif

Accused

Muhammad Zahir bin Md Yusof

Accused

Procedural Posture

Criminal / Trial End of Prosecution's Case

Legal Issues

  1. 1 Whether uttered words amounted to an intentional insult likely to provoke breach of peace under s504 Penal Code
  2. 2 Whether the three accused voluntarily caused hurt to deter a public servant from discharging duty under s332 Penal Code
  3. 3 Whether identification evidence was reliable and sufficient for prima facie case

Ratio Decidendi

The prosecution failed to establish a prima facie case for offences under s504 and s332 because (a) the words complained of were within protected expression and did not demonstrate intent to provoke a breach of peace, (b) the investigating officer's dual role created reasonable suspicion of bias undermining the investigation into s504, and (c) identification evidence was inconsistent and injuries were minor, leaving reasonable doubt as to which accused caused the harm; accordingly all accused were acquitted and discharged at the end of the prosecution's case.

Court Disposition

All accused acquitted and discharged at the end of the prosecution's case

Orders

  • Accused Muhammad Rozaimi bin Hasim acquitted and discharged at end of prosecution's case without calling defence
  • Accused Muhammad Al Nijam bin Md Yusof acquitted and discharged at end of prosecution's case without calling defence