ASHRANI AIZZUDDIN BIN ABD RAHNI

ASHRANI AIZZUDDIN BIN ABD RAHNI

Applying the prima facie test the court found the prosecution evidence insufficient to support conviction beyond reasonable doubt: complainant's conduct (re-entering and remaining in vehicle), inconsistencies, minimal injuries on medical evidence and possibility of self-infliction undermined causation and intent; accordingly no prima facie case was made and the accused was discharged and acquitted.

Citation
BA-82-9-09/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Ashrani Aizzuddin bin Abd Rahni
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 December 2022
Case Number
BA-82-9-09/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial Close of Prosecution (discharged at Close of Prosecution Without Being Called to Enter Defence)
Outcome
Accused discharged and acquitted at close of prosecution (no defence called)
Legal Topics
Assault (causing Hurt), Prima Facie Test, Credibility of Complainant, Causation, Discharge at Close of Prosecution
Source Language
Malay/English
Criminal Law Evidence Domestic/family Violence Assault (causing Hurt) Prima Facie Test Credibility of Complainant Causation Discharge at Close of Prosecution

Case Brief

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Parties

Pendakwa Raya

Prosecution

Ashrani Aizzuddin bin Abd Rahni

Defendant

Procedural Posture

Criminal / Trial Close of Prosecution (discharged at Close of Prosecution Without Being Called to Enter Defence)

Legal Issues

  1. 1 Whether the prosecution had established a prima facie case at the close of its case
  2. 2 Whether the accused caused the complainant's injuries
  3. 3 Whether the accused had the requisite intent to cause hurt

Ratio Decidendi

Applying the prima facie test the court found the prosecution evidence insufficient to support conviction beyond reasonable doubt: complainant's conduct (re-entering and remaining in vehicle), inconsistencies, minimal injuries on medical evidence and possibility of self-infliction undermined causation and intent; accordingly no prima facie case was made and the accused was discharged and acquitted.

Court Disposition

Accused discharged and acquitted at close of prosecution (no defence called)

Orders

  • Accused discharged and acquitted of the charge under Section 323 Kanun Keseksaan read with Section 326A Kanun Keseksaan
  • Bail money returned