PENDAKWARAYA PUBLIC PROSECUTOR WAN YON ANN

PENDAKWARAYA PUBLIC PROSECUTOR WAN YON ANN

Victim SP1's testimony was credible, consistent and corroborated by police report, photographs and medical report; prosecution proved the actus reus and mens rea of voluntarily causing hurt and that the victim was a spouse/former spouse, engaging s326A; defence allegations (self‑infliction, ulterior motive, lack of witnesses) failed to raise reasonable doubt; adverse inference not available because no withholding established; accused convicted under s323 read with s326A and sentenced to 12 months imprisonment.

Citation
WA-83-5495-09/2018 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Wan Yon Ann
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 August 2020
Case Number
WA-83-5495-09/2018 (Mahkamah Majistret)
Procedural Posture
Criminal (assault: S323 Penal Code Read With S326 A) / Judgment (full Trial and Sentencing)
Outcome
Accused found guilty and convicted under section 323 Penal Code read with section 326A Penal Code
Legal Topics
Voluntarily Causing Hurt (s323), Hurt to Spouse/former Spouse (s326 A), Prima Facie Test, Credibility of Witness, Adverse Inference (s114 Evidence Act), Sentencing Principles
Source Language
Malay/English
Criminal Law Domestic Violence Evidence Law Sentencing Law Voluntarily Causing Hurt (s323) Hurt to Spouse/former Spouse (s326 A) Prima Facie Test Credibility of Witness +2 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Wan Yon Ann

Accused

Procedural Posture

Criminal (assault: S323 Penal Code Read With S326 A) / Judgment (full Trial and Sentencing)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case for voluntarily causing hurt under s323 Penal Code read with s326A
  2. 2 Whether the victim's testimony was credible and sufficiently corroborated
  3. 3 Whether the defence raised reasonable doubt (self‑infliction, ulterior motive, lack of eye‑witnesses)

Ratio Decidendi

Victim SP1's testimony was credible, consistent and corroborated by police report, photographs and medical report; prosecution proved the actus reus and mens rea of voluntarily causing hurt and that the victim was a spouse/former spouse, engaging s326A; defence allegations (self‑infliction, ulterior motive, lack of witnesses) failed to raise reasonable doubt; adverse inference not available because no withholding established; accused convicted under s323 read with s326A and sentenced to 12 months imprisonment.

Court Disposition

Accused found guilty and convicted under section 323 Penal Code read with section 326A Penal Code

Orders

  • Convicted under section 323 Penal Code read with section 326A Penal Code
  • Sentenced to 12 months imprisonment (custodial)