[KETUA POLIS SELANGOR] ABDUL HAFEEZ BIN HANAPIAH

[KETUA POLIS SELANGOR] ABDUL HAFEEZ BIN HANAPIAH

The prosecution failed to establish a prima facie case because key elements were not proved beyond reasonable doubt: the alleged weight (80 kg) of the squid was not reliably established; documentary and oral evidence were inconsistent; the chain of custody for the seized drum was broken (including return of the drum...

Source-derived case information.

Citation
BE-82RS-1-7/2020 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Accused: QUSYAIRIHILMI BIN SHAHARIR; Accused: ABDUL HAFEEZ BIN HANAPIAH; Accused: DZULKHAIRI BIN MUHAMMAD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 May 2023
Case Number
BE-82RS-1-7/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (attempt) Under Penal Code / End of Prosecution Case; Discharge Without Calling Accused to Enter Defence
Outcome
Prosecution failed to prove a prima facie case; accused discharged and released at close of prosecution case
Legal Topics
Theft (section 379 Kanun Keseksaan), Attempt (section 511 Kanun Keseksaan), Prima Facie Burden of Proof, Chain of Custody, Identification of Property and Witnesses, Adequacy of Police Investigation
Criminal Law Evidence Law Police Procedure/investigation Theft (section 379 Kanun Keseksaan) Attempt (section 511 Kanun Keseksaan) Prima Facie Burden of Proof Chain of Custody Identification of Property and Witnesses +1 more

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Parties

PENDAKWARAYA

Prosecutor

QUSYAIRIHILMI BIN SHAHARIR

Accused

ABDUL HAFEEZ BIN HANAPIAH

Accused

DZULKHAIRI BIN MUHAMMAD

Accused

Procedural Posture

Criminal Theft (attempt) Under Penal Code / End of Prosecution Case; Discharge Without Calling Accused to Enter Defence

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for attempted theft under s.379 read with s.511 Kanun Keseksaan
  2. 2 Whether the property seized was proved to be 80 kg of squid as alleged
  3. 3 Whether the chain of custody for the seized property was intact

Ratio Decidendi

The prosecution failed to establish a prima facie case because key elements were not proved beyond reasonable doubt: the alleged weight (80 kg) of the squid was not reliably established; documentary and oral evidence were inconsistent; the chain of custody for the seized drum was broken (including return of the drum to complainant on same day without proper preservation or weighing); no credible evidence established the accused dishonestly took the property or performed the necessary further overt acts for an attempt; significant investigative shortcomings undermined the prosecution narrative. Accordingly the accused were discharged and released at the close of the prosecution case.

Court Disposition

Prosecution failed to prove a prima facie case; accused discharged and released at close of prosecution case

Orders

  • Accused Qusyairihilmi bin Shaharir, Abdul Hafeez bin Hanapiah and Dzulkhairi bin Muhammad discharged and released without being called upon to enter their defence
  • No further order recorded in judgment