PENDAKWARAYA NORAINI BINTI MOHAMAD

PENDAKWARAYA NORAINI BINTI MOHAMAD

Prosecution failed to discharge burden at close of its case because the circumstantial evidence (CCTV showing rough handling) did not form a complete chain of proof excluding the reasonable possibility that the injuries occurred while the child was in the parents' care; therefore no prima facie case was established and the accused was discharged without being called to enter her defence.

Citation
WA-62-66-07/2020 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA (Jabatan Peguam Negara, Unit Pendakwaan Wilayah Persekutuan Kuala Lumpur); Accused: Noraini Binti Mohamad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 April 2021
Case Number
WA-62-66-07/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Close of Prosecution Case — No Prima Facie Found; Accused Discharged (not Called to Enter Defence)
Outcome
Accused discharged and acquitted at close of the prosecution case; not called to enter defence.
Legal Topics
Child Abuse, Prima Facie, Circumstantial Evidence, CCTV Evidence, Section 31(1)(a) Child Act 2001, Section 180 Criminal Procedure Code (ktj)
Source Language
Malay/English
Criminal Law Child Protection Evidence Law Child Abuse Prima Facie Circumstantial Evidence CCTV Evidence Section 31(1)(a) Child Act 2001 +1 more

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Parties

PENDAKWA RAYA (Jabatan Peguam Negara, Unit Pendakwaan Wilayah Persekutuan Kuala Lumpur)

Prosecution

Noraini Binti Mohamad

Accused

Procedural Posture

Criminal / Close of Prosecution Case — No Prima Facie Found; Accused Discharged (not Called to Enter Defence)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.31(1)(a) Child Act 2001
  2. 2 Whether injuries occurred while the child was under the accused's custody
  3. 3 Whether circumstantial evidence (CCTV showing rough handling) forms a complete chain proving the accused caused the injuries

Ratio Decidendi

Prosecution failed to discharge burden at close of its case because the circumstantial evidence (CCTV showing rough handling) did not form a complete chain of proof excluding the reasonable possibility that the injuries occurred while the child was in the parents' care; therefore no prima facie case was established and the accused was discharged without being called to enter her defence.

Court Disposition

Accused discharged and acquitted at close of the prosecution case; not called to enter defence.

Orders

  • Noraini binti Mohamad is discharged and acquitted of the charge under Section 31(1)(a) Child Act 2001.