[ ] MUHAMAD IZUWAN BIN ANUAR

[ ] MUHAMAD IZUWAN BIN ANUAR

The prosecution did not establish a prima facie case on the offence as charged because ownership by the named owner could not be proved and the evidence pointed to removal from police custody; the court declined to amend the charge at this late stage because framing of charges is the prosecution's responsibility and...

Source-derived case information.

Citation
JF-82-2-10/2019 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Accused: MUHAMAD IZUWAN BIN ANUAR
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 November 2023
Case Number
JF-82-2-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (seksyen 379 a Kanun Keseksaan) / End of Prosecution Case No Prima Facie Found; Accused Discharged and Acquitted
Outcome
Accused discharged and acquitted; not called to enter defence
Legal Topics
Theft (motor Vehicle), Charge Amendment, Prima Facie Case, Ownership and Possession
Criminal Law Criminal Procedure Evidence Theft (motor Vehicle) Charge Amendment Prima Facie Case Ownership and Possession

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Parties

PENDAKWARAYA

Prosecutor

MUHAMAD IZUWAN BIN ANUAR

Accused

Procedural Posture

Criminal Theft (seksyen 379 a Kanun Keseksaan) / End of Prosecution Case No Prima Facie Found; Accused Discharged and Acquitted

Legal Issues

  1. 1 Whether the prosecution established a prima facie case under Section 379A Kanun Keseksaan
  2. 2 Whether the court should amend the charge to reflect the evidence (theft from PDRM custody vs theft from named private owner)
  3. 3 Whether the accused had the requisite dishonest intention (mens rea) to steal

Ratio Decidendi

The prosecution did not establish a prima facie case on the offence as charged because ownership by the named owner could not be proved and the evidence pointed to removal from police custody; the court declined to amend the charge at this late stage because framing of charges is the prosecution's responsibility and late amendment would prejudice the accused; accordingly there was no prima facie case and the accused was discharged and acquitted.

Court Disposition

Accused discharged and acquitted; not called to enter defence

Orders

  • Accused MUHAMAD IZUWAN BIN ANUAR is discharged and acquitted
  • Accused not called to enter defence