MUHAMMAD ROZAIMI BIN HASIM

MUHAMMAD ROZAIMI BIN HASIM

The prosecution failed to establish a prima facie case on both counts: for s.504 there was no evidence the accused's words objectively amounted to an intentional insult likely to provoke breach of the peace and the statement fell within protected expression; for s.332 the identification evidence was unreliable, medical injuries were minor and not clearly attributable to the accused, and there was reasonable apprehension of bias in investigation; accordingly all accused were acquitted and discharged at the end of the prosecution's case.

Citation
MC-83-161-04/2023 (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-83-161-04/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / End of Prosecution's Case (acquittal)
Outcome
All accused acquitted and discharged
Legal Topics
Section 504 Penal Code, Section 332 Penal Code, Identification Parade, Bias in Investigation, Freedom of Speech, Joint Trial
Source Language
Malay/English
Criminal Law Evidence Constitutional Law Police Procedure Section 504 Penal Code Section 332 Penal Code Identification Parade Bias in Investigation +2 more

Case Brief

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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 / End of Prosecution's Case (acquittal)

Legal Issues

  1. 1 Whether accused's words amounted to intentional insult with intent to provoke breach of the peace under s.504 Penal Code
  2. 2 Whether accused persons caused hurt with intent to deter a public servant from performing duty under s.332 Penal Code
  3. 3 Whether the investigating officer's dual role created reasonable apprehension of bias

Ratio Decidendi

The prosecution failed to establish a prima facie case on both counts: for s.504 there was no evidence the accused's words objectively amounted to an intentional insult likely to provoke breach of the peace and the statement fell within protected expression; for s.332 the identification evidence was unreliable, medical injuries were minor and not clearly attributable to the accused, and there was reasonable apprehension of bias in investigation; accordingly all accused were acquitted and discharged at the end of the prosecution's case.

Court Disposition

All accused acquitted and discharged

Orders

  • Joint trial of the two matters was allowed
  • Each accused is acquitted and discharged at the end of the prosecution's case without calling their defence